Section 1983/Police Brutality Law

Police brutality, or the excessive or unnecessary use of power by law enforcement officials, is a crime and a violation of the Fifth and Fourteenth Amendments to the United States Constitution. No one can forget the images of blatant police brutality in the case of Rodney King; however, police brutality law covers more than just assault and more than just police officers.  Some examples include:

• Excessive force

• Sexual abuse

• Racial profiling

• Surveillance abuse

• Verbal attacks

• False Arrest

• Corruption

The amount of physical force allowed by the law is dependent upon the behavior of the accused.  The use of physical force is not allowed if the accused has fully cooperated. In any case, the use of excessive physical force by law enforcement officials is considered assault and the police officer and law enforcement agency can be held liable for compensatory and punitive damages.

Police  have a difficult and dangerous job. Most officers honor their commitment to themselves and the public, but in rare cases the line is crossed.  The vast majority of police officers are dutiful civil servants of our society.  We believe that the few that choose to abuse the power vested in them should be brought to justice to ensure the integrity of our law enforcement system. There can be no excuse for the use of excessive force or abuse in the process of apprehending and/or detaining a suspect. If you were injured because you believe your constitutional rights were violated by police, and there is serious injury, you have the right to file a lawsuit in State or Federal court under a "1983 action" (for deprivation of civil rights under color of state law).

Police officers are required to respect the constitutional rights of the people they encounter. Those rights include fair and safe treatment of individuals who are accused of committing a crime. If you have been injured due to police misconduct, Attorney Harley Erbe would be happy to sit down with you and discuss your situation and evaluate your case at no charge.

A qualified attorney familiar with police brutality laws can assist you with determining whether or not your rights have been violated by police or security officer conduct, and whether or not a claim is warranted.  If a claim is warranted, a lawyer can help make sure that your rights are protected and advocate for the maximum recovery owed to you under the law.

Harley Erbe believes in standing up for those who have been wronged by persons in a position of power such as police officers.  If you believe that your rights have been violated under Section 1983, contact Harley for a consultation today.