Excessive Force by Police: Understanding Your Legal Rights

When law enforcement uses more force than necessary—like unnecessary tasering, unwarranted beatings, or wrongful shootings—victims suffer not only physical injuries but also emotional trauma and loss of trust. Federal and Michigan laws (including the Fourth Amendment and Section 1983) protect against unreasonable seizures and abuse of authority. If you experience excessive force, it’s crucial to seek medical care, document injuries and witnesses, and consult an attorney before speaking with police internal affairs. Proper legal action can hold officers and departments accountable and restore your civil rights.

Excessive Force by Police: Understanding Your Legal Rights

A badge doesn’t excuse brutality.

When the people sworn to protect and serve become the source of harm, the impact is devastating. Victims of excessive police force don’t just suffer physical injuries—they carry the weight of fear, humiliation, and betrayal. Being tackled, tasered, or beaten by law enforcement isn’t just an abuse of power—it’s a violation of your most basic civil rights.

In Detroit and across Michigan, high-profile cases have exposed a painful truth: excessive force is real, and it’s happening in our communities. From traffic stops that escalate into violence to wellness checks that end in taser injuries, too many lives have been upended by officers who crossed the line.

Whether it’s a teenager wrongfully beaten at a protest or a disabled individual thrown to the ground during a mental health call, these stories are not isolated—and they demand action.

What Is Excessive Force?

Excessive force happens when law enforcement officers use more physical power than is necessary to handle a situation. The law allows police to use force—but only when it’s reasonable and proportionate. When that force crosses the line, it’s not just wrong—it’s unconstitutional.

Examples of Excessive Force Include:

  • Physical Assault or Unwarranted Beatings
    Striking, kicking, or slamming individuals who are already handcuffed, surrendering, or not resisting.
  • Tasers Used on Compliant or Restrained Individuals
    Using an electric stun gun on someone who is not posing a threat—or worse, already restrained.
  • Wrongful Shootings
    Opening fire on unarmed individuals or those fleeing a scene without posing an immediate threat to others.
  • K9 Attacks Without Cause
    Deploying police dogs on suspects who are already subdued or who posed no threat in the first place.

Reasonable Force vs. Abuse of Authority

There are moments when officers must act fast to protect themselves or the public—but those moments are limited and legally defined. Once the threat is gone, so is their right to use force.

Excessive force often comes down to this question: Was that level of force truly necessary—or was it a display of power meant to intimidate, harm, or punish?

Your Legal Rights Under the U.S. Constitution and Michigan Law

When police abuse their power, they don’t just hurt your body—they violate your civil rights, rights guaranteed by both the U.S. and Michigan Constitutions. Knowing these protections is the first step toward fighting back.

Fourth Amendment – Protection Against Unreasonable Seizures

The Fourth Amendment prohibits law enforcement from using unreasonable searches, seizures, or force. That means officers can’t just beat, tackle, or shoot someone unless it’s truly necessary to prevent harm or enforce the law.

If force is used after a person is handcuffed, compliant, or non-threatening, it may be a clear violation of this right.

Fourteenth Amendment – Due Process and Equal Protection

The Fourteenth Amendment protects every individual’s right to due process—fair treatment under the law. It also ensures equal protection, meaning no one should be targeted, abused, or mistreated based on race, disability, or other protected characteristics.

When excessive force is motivated by bias or used inconsistently, it’s not just excessive—it’s discriminatory.

Section 1983 – Holding Police Accountable

42 U.S. Code § 1983 is a federal law that allows victims to sue individual officers, departments, or cities when their constitutional rights are violated. These lawsuits are powerful tools—but they’re complex. To win, you must prove the force was objectively unreasonable and caused harm.

Marko Law has taken on Section 1983 cases across Michigan—and we know how to expose patterns of abuse, cover-ups, and department negligence.

Michigan Constitution and State Laws

Michigan’s Constitution mirrors federal protections and allows for civil rights lawsuits at the state level. In some cases, state law may even offer broader remedies than federal law.

Combined, these legal avenues give victims a path to justice—but it takes aggressive, experienced legal action to walk that path effectively.

Common Scenarios That Could Be Excessive Force

Excessive force doesn’t just happen in dramatic, viral videos. It happens quietly, every day—in homes, on sidewalks, during traffic stops—often to the most vulnerable among us. Here are some all-too-common situations where officers cross the line:

Beaten During or After an Arrest

If you're already restrained, handcuffed, or no longer resisting, any further use of force—like being punched, slammed to the ground, or choked—is not just excessive, it's illegal. The law is clear: once the threat is neutralized, violence is no longer justified.

Tasered While Unarmed and Compliant

Tasers are supposed to be alternatives to deadly force—not punishment tools. If an officer deploys a Taser on someone who’s standing still, clearly unarmed, or already under control, that’s not enforcement—it’s abuse of authority.

Force Used on Minors, Elderly, or Disabled Individuals

Age, physical vulnerability, and disability require officers to use extra caution. Slamming a teenager to the pavement or dragging a disabled adult from their wheelchair without reason? That’s excessive force, plain and simple—and the law supports victims in these cases.

Mental Health Crises or Routine Traffic Stops Turned Violent

Police encounters during mental health emergencies or minor stops should be de-escalated—not escalated. When officers respond to someone in emotional distress with fists or firearms, it shows a failure in training—and opens the door to a civil rights lawsuit.

Marko Law has handled cases like these across Michigan. We’ve stood with victims—young, elderly, disabled—whose only “crime” was being vulnerable in front of the wrong officer. And we’ve made sure their voices were heard.

What to Do If You Were a Victim of Excessive Force

If you’ve been hurt by the police, your first instinct might be to stay quiet out of fear or confusion. But silence helps them—not you. Taking the right steps immediately can protect your rights and strengthen your case.

Seek Immediate Medical Attention

Your health comes first. Even if the injuries seem minor, get checked out by a medical professional. Police brutality often causes internal injuries, concussions, or long-term trauma that isn’t immediately visible.

Make sure your visit is well documented—it can be key evidence in your case.

Document Every Injury

  • Take photos of bruises, cuts, burns, or marks—especially within 24 hours of the incident.
  • Keep medical records, prescriptions, and diagnoses.
  • Save clothing, taser prongs, or anything else involved in the encounter.

Get Witness Names and Contact Information

Eyewitnesses can be powerful. They often see what the officer’s report tries to leave out. Ask for names, phone numbers, or statements if it’s safe to do so.

Witness video or phone footage? Back it up and save it immediately.

Request Bodycam and Dashcam Footage

Under Michigan law, you can file a Freedom of Information Act (FOIA) request to obtain police camera footage. Time is crucial—footage may be deleted or altered if not requested early.

At Marko Law, we handle these requests quickly and aggressively to preserve critical evidence.

Don’t Talk to Internal Affairs Without a Lawyer

Police departments often launch internal investigations, but their goal isn’t always to help you—it’s to protect themselves. If you’re contacted by internal affairs, don’t speak or give a statement without your attorney present.

What you say can be twisted or used against you. Let your legal team speak for you.

You Deserve to Be Heard. You Deserve Justice.

No badge, no uniform, no department is above the law.

If you've been the victim of police brutality or excessive force, know this: your pain is real, your voice matters, and your rights are worth defending. What happened to you wasn’t just “standard procedure” or “an unfortunate incident.” It was a violation of the very principles law enforcement is supposed to uphold.

You don’t have to stay silent. You don’t have to feel powerless. At Marko Law, we stand with the wronged and hold the powerful accountable. We fight for justice, not just for our clients—but for every community impacted by unchecked authority.

If you’ve been hurt by police, you’re not alone. We’ve taken on cities, departments, and officers—and we’ve won. Because when justice is on your side, you deserve nothing less than fierce advocacy.

Talk to an Excessive Force Attorney Now

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آراء العملاء

قصص حقيقية. نتائج ملموسة. من قضايا الإصابات الشخصية إلى انتصارات الحقوق المدنية، يثق عملاؤنا في شركة ماركو للمحاماة لتحقيق العدالة في الأوقات الأكثر أهمية. استمع إلى ما يقوله الناس في جميع أنحاء ميشيغان عن تجربتهم مع فريقنا القانوني.

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From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

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I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

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Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

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Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.

Erick Monzo
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★★★★★

Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

Jessica Kelly
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★★★★★

I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.

Tamara Murphy
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Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm

Aaron Thomas
Quote icon
★★★★★

From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

Ken
Quote icon
★★★★★

Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
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★★★★★

I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

Geri Wilson
Quote icon
★★★★★

In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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★★★★★

Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.

Tiffany
Quote icon
★★★★★

Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!

Trinity Delaney
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★★★★★

Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.

Joe Hinkle
Quote icon
★★★★★

Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026

M. Solomon
Quote icon
★★★★★

They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.

Hothman Misane
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★★★★★

Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!

Mike Hathaway
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★★★★★

Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022

Monique T.
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★★★★★

I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Olivia H.
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★★★★★

The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017

Ruvayn R.
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★★★★★

Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022

Lauren G.
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★★★★★

Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016

Hamid S.
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★★★★★

The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

Dawn R.
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★★★★★

He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020

Holly L.
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★★★★★

I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020

Marissa W.
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★★★★★

Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

Joe S.
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★★★★★

John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.

Camilla Barnes
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★★★★★

Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

Andy R.
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★★★★★

Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021

Allie S.

ماركو لو ستمنحك صوتاً مسموعاً

في ماركو لو، نحن لا نكتفي بتولي القضايا فحسب، بل نتخذ موقفاً حازماً. سواء كنت تواجه إصابة، أو ظلماً، أو إهمالاً صريحاً، فإن فريقنا يقاتل من أجلك وكأن الأمر شخصي — لأنك كذلك بالفعل.

  • أكثر من 2 مليار دولار تم استردادها لعملائنا
  • سجل حافل في قضايا الحقوق المدنية، والإصابات الشخصية، والعدالة في مكان العمل
  • استشارات مجانية وسرية — لن تدفع شيئاً ما لم نكسب القضية
  • مقرنا في ديترويت، ميشيغان؛ ونحظى بالثقة على مستوى البلاد


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