Victims of police brutality/misconduct have significant legal rights under federal and state laws. If the police violate these rights, victims can seek justice through both criminal and civil lawsuits.
In civil lawsuits, the federal statute, 42 U.S.C. § 1983 (“Section 1983”), provides victims of police misconduct with a legal basis to sue state government officers and others acting “under color of state law” for violations of their civil rights.
The law is clear that individuals have the right to be free from excessive force by law enforcement. This right is protected under the Fourth Amendment of the U.S. Constitution, which protects citizens against unreasonable searches and seizures, the Eighth Amendment which protects inmates from cruel and unusual punishment, and the Fourteenth Amendment, which protects pretrial detainees and forbids government officials from depriving persons of life, liberty, or property without due process of law. If any of these constitutional rights are violated, victims can file, among other things, a Section 1983 claim against the officers and their department.
Victims of these encounters may experience physical harm, emotional trauma, or even lose their lives. Our team of attorneys specializes in handling these complex cases. We work tirelessly to hold the responsible parties accountable, seeking justice for victims, and pursuing compensation for the damages. This includes medical expenses, loss of earnings, pain and suffering, and more. Our goal is to ensure that your rights are upheld, and that you receive the justice you deserve.
Call to schedule a free case evaluation today
Frequently Asked Questions
What qualifies as excessive force in San Francisco?
Excessive force refers to situations where law enforcement officers use more physical force than is reasonably necessary to control a situation, effect an arrest, or protect themselves or others from harm. This can include unwarranted use of firearms, tasers, batons, or physical restraint techniques. Golden Gate Legal evaluates incidents on a case-by-case basis to determine if the force used was disproportionate to the threat or situation at hand.
How do I know if I have a case for excessive force?
If you or someone you know has been injured or had their rights violated due to what you believe was unnecessary force by police, you may have a case. Key factors include the circumstances leading up to the incident, the level of threat posed, and the type of force used. Golden Gate Legal offers consultations to assess the specifics of your situation and advise on the potential for legal action.
What can Golden Gate Legal do to help me with an excessive force claim?
Golden Gate Legal provides comprehensive support for excessive force claims, including thorough investigation of the incident, gathering of evidence, and expert legal representation. Our goal is to secure justice and compensation for victims, which may include damages for medical expenses, pain and suffering, and punitive damages against the officers or department involved. We also strive to effect change by holding law enforcement accountable for their actions.
