Defense of Excessive Force, False Arrest &
Civil Rights Infringement Cases involving
Police Officers & Police Agencies
Excessive Force Cases
An unreasonable seizure occurs when a law enforcement officer uses excessive force in making a lawful arrest. Whether force is reasonably necessary or excessive is measured by the force a reasonable and prudent law enforcement officer would use under the circumstances.
The Use of Force Spectrum
The Supreme Court has recognized "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat." It also states that the degree of coercion or force used must be proportional to the threat and escalate only in response to the threat. So, in an ideal situation, the following graduated methods should be used to diffuse a situation:
Physical presence: Using his or her mere presence.
Verbalization: Using verbal statements, from non-threatening requests to direct orders.
Empty-Hand Control: Using physical bodily force through grabs, holds, punches or kicks.
Less Lethal Methods: Using weapons such as a baton, chemical sprays, Tasers, or police dogs.
“The Supreme Court has also stated that deadly force can only be used during an arrest if:
1) Necessary to prevent the escape; and
2) The officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Often, the case is not as simple as that. In todays times, Law Enforcement personnel are under tremendous scrutiny. The public is very quick to point the finger without regard for training guidelines and the constant threat posed to officers. We are here to assist in bringing to light, the evidence necessary to show the truth. The general public, who has rare encounters with police, look at the situations through their untrained eye.
Our investigators are trained to put all of the evidence together and work with Legal Counsel in assisting those who risk their lives daily to protect and serve this great country of ours.
False Arrest Cases
False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Let our trained investigators, together with Legal Counsel, put all of the evidence together and work to assist those who risk their lives daily to protect and serve this great country of ours.
Civil Rights Infringement Cases
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression.
Our investigators are trained to put all of the evidence together and work with Legal Counsel to assist those who risk their lives daily to protect and serve this great country of ours.