Civil Rights Claims

Generally, police are allowed to use reasonable physical force to subdue and arrest suspects. But in those situations where the police use violence to punish, intimidate, coerce confessions, or intentionally inflict pain, taking legal action is necessary and appropriate. An experienced civil rights attorney will know the right questions to ask, such as:

• Police batons — Did the officers follow procedure or use excessive force? Did the officer stop once the person was subdued?
• Tasers — Was using the Taser necessary to respond to an actual threat? Did the officer continue to use it after the person was subdued?
• Pepper spray — Was pepper spray a reasonable response to an actual threat? Did the officer intentionally spray into the mouth or nose at close range?
• Choke holds and take-downs — Did the officer comply with established procedures? Was the action necessary to eliminate a threat or danger?

A constitutional claim may also be filed if the government shows deliberate indifference to a detainee in custody with a serious medical need. The need for medical attention must be objectively serious. Deliberate indifference requires showing actual knowledge of a problem on the part of the state actor.