Law enforcement officials are responsible for safeguarding and serving the public, but using excessive force violates our rights. Excessive force happens when police officers use more force than is reasonably necessary to apprehend a suspect or resolve a problem. Officers are entitled to use force in some situations, but such force must be proportional to the threat. When it isn’t, victims may face serious physical, emotional, and financial consequences. However, what exactly constitutes excessive force? And how do victims seek justice?
In this article, we’ll talk about what constitutes excessive force, look at real-life examples that demonstrate its hazards, and explain how victims can seek the compensation they deserve with the help of an expert civil rights attorney like Greg Kirakosian.
What Qualifies as Excessive Force?
For an action to be considered excessive force, it must meet certain legal criteria. Courts typically evaluate excessive force claims under the Fourth Amendment, which protects against unreasonable searches and seizures. Here are key factors that help determine if force was excessive:
- The Severity of the Crime
- The use of force should match the severity of the offense. If an officer uses deadly force on a suspect accused of a minor, nonviolent crime, it is often deemed excessive.
- The Threat Posed by the Suspect
- Officers must determine whether the suspect poses an immediate threat to their safety or the safety of others. If no real threat exists, using force may be unnecessary and unlawful.
- The Suspect’s Resistance
- Police can use reasonable force to restrain someone resisting arrest, but force must be proportionate. Beating or tasing an individual who is already subdued or compliant is considered excessive.
- Available Alternatives
- Officers are trained in various de-escalation techniques. If less aggressive options were available but not used, it can strengthen an excessive force claim.
Why Is Excessive Use of Force by the Police Problematic?
Excessive force isn’t just a violation of individual rights—it undermines public trust in law enforcement, leads to tragic outcomes, and results in legal and financial repercussions for victims and communities. Here are some of the major consequences:
1. Physical and Psychological Trauma
Victims of excessive force often suffer life-altering injuries, from broken bones to paralysis. In the worst cases, excessive force results in wrongful death. Beyond physical injuries, many victims experience PTSD, anxiety, and depression, impacting their quality of life long after the incident.
2. Erosion of Public Trust in Law Enforcement
When excessive force goes unchecked, communities lose faith in the police. Fear replaces trust, making it harder for law enforcement to do their jobs effectively. This can lead to heightened tensions, increased crime, and reluctance from witnesses to cooperate with investigations.
3. Legal and Financial Costs
Cities and police departments often face costly lawsuits due to excessive force cases. Taxpayers end up funding settlements and legal battles, further straining community relations. Holding officers accountable not only provides justice for victims but also pushes departments to implement better training and policies.
Drastic Case Studies: The Impact of Excessive Force
1. George Floyd Case (2020)
One of the most widely known cases of excessive force involved George Floyd, a Black man who died when a Minneapolis police officer kneeled on his neck for over nine minutes. Floyd’s death sparked international protests against police brutality and led to major legal reforms.
2. Rodney King Case (1991)
Rodney King was brutally beaten by Los Angeles police officers after a high-speed chase. The officers were caught on video repeatedly striking King with batons, even after he was subdued. Their acquittal in the initial trial led to the infamous 1992 LA riots.
3. Elijah McClain Case (2019)
Elijah McClain, an unarmed Black man, was placed in a carotid hold by police and later injected with ketamine by paramedics. He suffered cardiac arrest and later died. The incident sparked outrage, and officers involved were charged with manslaughter.
These cases highlight why excessive force is such a critical issue. They also demonstrate how difficult it can be to hold law enforcement accountable without strong legal representation.
How to Seek Justice: Working with a Civil Rights Lawyer
If you or a loved one have been a victim of police brutality, you have legal options. Working with an experienced civil rights lawyer can make all the difference in getting justice and compensation. Greg Kirakosian is a dedicated advocate for victims of excessive force and has a track record of holding law enforcement accountable.
If you successfully file a lawsuit, you may be entitled to compensation for:
- Medical expenses (hospital bills, physical therapy, ongoing treatment)
- Lost wages (time missed from work due to injuries)
- Pain and suffering (emotional distress, PTSD, loss of enjoyment of life)
- Punitive damages (if the officer’s actions were particularly egregious)
If you’re wondering, how is excessive use of force by the police problematic, the answer is clear: it violates civil rights, causes significant harm, and undermines the justice system. Victims should not have to suffer in silence. If you or someone you know has been affected by police brutality, take the first step toward justice by contacting Greg Kirakosian. His expertise in civil rights law ensures that victims get the compensation they deserve and that law enforcement is held accountable.
Don’t wait—stand up for your rights today.