California law enforcement officials are permitted to use force when it is required, but there are restrictions on this right. Your civil rights are violated when officials use force that is excessive or unwarranted in relation to the circumstances, going beyond what is reasonable. According to California law, victims may file a lawsuit against the police for using excessive force.
You are not alone if a police encounter that went too far left you hurt, humiliated, or terrified. You may hold law enforcement responsible with the assistance of a committed police brutality attorney like Greg Kirakosian.
This blog discusses what constitutes excessive force in California, how to spot it, and your legal rights in the event that you have been impacted.
What Is Considered Excessive Force in California?
When law enforcement personnel use more force than is reasonably required in a given situation, it is considered excessive force. This is not evaluated in retrospect, but rather from the viewpoint of a “reasonable officer” present at the scene.
Officers are only permitted to use as much force as is reasonably required to perform their legal responsibilities, including as effecting an arrest, stopping an escape, or defending themselves and others, under both federal and state law in California. Excessive force is a breach of civil rights when it exceeds what is necessary.
Common Examples of Excessive Force
Excessive force can happen in a wide range of encounters—during traffic stops, at protests, in home raids, or even during routine arrests. Here are some common examples under California law:
- Tasers and stun guns used on individuals who are already handcuffed or non-threatening
- Baton strikes that cause serious injury when lesser means could have been used
- K9 units deployed on individuals who are not resisting or attempting to flee
- Pepper spray used in closed spaces or on people who are not resisting arrest
- Unjustified shootings, particularly when the suspect is unarmed or not posing an immediate threat
- Prolonged physical force after a person has been subdued or stopped resisting
In each of these situations, if the force was unreasonable given the facts, it may constitute a violation of your Fourth Amendment rights against unlawful seizure.
The Growing Scrutiny of Law Enforcement
Like the rest of the nation, California has witnessed an increase in public criticism of police behavior in recent years. Witness accounts, cell phone film, and body cams have revealed violent, occasionally fatal interactions.
Reforms in policy have also resulted from this. California’s AB 392, for instance, was passed in 2019 and restricts when police can use lethal force, requiring it to be “necessary” as opposed to merely “reasonable.” This change in the law has given victims more legal clout and clarified when an officer exceeds the line.
Communities of color are frequently disproportionately affected by excessive force, which persists throughout Los Angeles and the state notwithstanding these improvements.
What to Do If You Experience Excessive Force
If you’ve been the victim of police brutality in California, your first step is to protect yourself and preserve any evidence. Here’s how:
- Seek Medical Attention Immediately
Even if your injuries seem minor, get checked out by a medical professional and keep all records. - Document Everything
Write down what happened as soon as you can. Include dates, times, names, badge numbers, and any witnesses. - Preserve Video Evidence
If there’s body cam footage, surveillance video, or cellphone recordings, your attorney may be able to access them later. - Speak to a Police Brutality Lawyer
Do not try to take on the system by yourself. A skilled attorney knows how to navigate the legal and procedural hurdles of these cases.
Can You Sue Police for Excessive Force?
Yes, and you should.
California law allows you to file a civil lawsuit against police officers and their departments for excessive force. These lawsuits are not about making a political statement—they are about seeking justice, accountability, and compensation for the harm you’ve endured.
A civil claim for excessive force may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages (in some cases)
You may also have the right to file a Section 1983 federal civil rights claim, which specifically addresses violations of your constitutional rights by public officials, including police officers.
However, you must act quickly. California has specific deadlines for filing claims against public agencies. In most cases, you must file a government claim within six months of the incident.
Why You Need Greg Kirakosian on Your Side
In an excessive force case, seeking justice calls for more than just legal expertise; it also calls for bravery, commitment, and a will to back down when facing off against established institutions. That lawyer is Greg Kirakosian.
Greg is a seasoned Los Angeles-based human rights and police brutality attorney who has made a name for himself by taking on and winning important cases. He understands how to engage with government agencies, what evidence to search for, and—above all—how to support clients who have been harmed by those sworn to protect them.
Greg strives to ensure that every charge of excessive force is addressed because he knows that behind it lies a person whose dignity was violated.
Justice Is Within Reach
Not only is it bad, but it is illegal to be abused or brutalized by the police. Don’t suffer in silence if you have been the victim of excessive force in California. You don’t have to fight this battle alone, and you can fight back.
At Kirakosian Law, we value responsibility, fairness, and the strength of doing the right thing, even when it’s challenging. In Los Angeles and throughout California, we have assisted many clients with civil rights litigation, and we are prepared to assist you as well.
For a free consultation, get in touch with Kirakosian Law right now. Let’s discuss what transpired and what justice might entail for you.