Civil Rights & Constitutional Law
Amherst retiree sues police, city for malicious prosecution, false...
August 24, 2023
• Practice Areas • Practices • Police Brutality in California: What Are Your Rights?
Police brutality includes any use of force that’s "objectively unreasonable" under the circumstances. That violates the Fourth Amendment to the Constitution. Examples include:
Beating someone who isn’t resisting,
Using tasers or pepper spray on a handcuffed or surrendering suspect,
Choking or kneeling on a suspect’s neck, and
Firing a gun at an unarmed person.
What’s objectively unreasonable depends on the facts:
The key is whether the officer’s actions were excessive—not just whether someone was injured as a result.
The U.S. Supreme Court has held that it won't allow federal courts to let cases proceed based on hindsight. What matters is the perspective of a reasonable officer at the scene, in the moment.
You may have a claim under:
The U.S. Constitution, through the Fourth Amendment's prohibition against unreasonable searches and seizures, and a federal civil-rights law called Section 1983 (42 U.S.C. § 1983).
California’s Bane Act, which protects against threats, intimidation, and coercion by government officials. That includes police officers.
If the police caused physical injury, you may also have a personal-injury claim under California tort law. But special rules apply when you sue a government agency.
Yes. But you must act fast.
If you're suing for a federal constitutional violation, you must sue within two years of the incident.
So also, if you’re suing under California law, you usually must generally file sue within two years of the incident. But you may have to first submit a claim to the government within six months of the incident. As explained below, you must to a lawyer as soon as possible to avoid losing.
These are strict deadlines. If you miss the deadlines, you may lose your right to sue.
Depending on the facts and circumstances, damages can include:
Medical and psychological-treatment expenses,
Lost income,
Pain and suffering,
Emotional distress,
Punitive damages (in some cases), and
Attorney fees and costs.
Families who lose a loved one to police violence may also file a wrongful-death claim.
Have photos taken of your injuries.
Create a detailed chronology, writing down everything you remember.
Don’t talk to police investigators without a lawyer.
Contact experienced civil-rights attorneys who know federal and California law.
At the Chandra Law Firm, your case is our cause.®