Civil Rights Lawyer for Police Excessive Force in Michigan

Police officers are entrusted with extraordinary power. Their role is to protect the public—not terrorize it, brutalize it, or strip people of their dignity. When that power is abused, the harm is immediate and devastating.

Across Michigan—Detroit, Grand Rapids, Flint, Lansing, and beyond—people have been tased, beaten, choked, shot, or violently restrained during encounters that never should have escalated. Traffic stops. Mental health calls. Wellness checks. Peaceful protests. Routine interactions that end in sirens, jail cells, or morgues.

Police excessive force doesn’t just injure bodies.
It destroys trust, traumatizes families, and leaves communities questioning whether the law protects them—or preys on them.

Families are left with unanswered questions, mounting bills, and a justice system that too often closes ranks instead of telling the truth.

At Marko Law, we believe no badge places someone above the Constitution.
A Michigan civil rights lawyer’s role is clear: hold abusive officers accountable, expose misconduct, and restore power to the people whose rights were violated.

What Is Police Excessive Force Under the Law?

The Legal Definition of Excessive Force

Police excessive force occurs when an officer uses more force than is objectively reasonable under the circumstances. The law does not ask whether the officer felt threatened—it asks whether the force used was justified.

Reasonable Force vs. Unconstitutional Force

Police may use force only when necessary—and only to the degree required to control a situation. Excessive force includes actions that are:

• Unnecessary
• Disproportionate
• Punitive
• Retaliatory

The Use-of-Force Continuum (Plain English)

Police departments train officers to escalate force gradually:

• Officer presence and verbal commands
• Hands-on control
• Tasers or batons
• Deadly force

“Officer Safety” Does Not Excuse Brutality

Police departments often justify violence by invoking “officer safety.” But fear alone does not authorize brutality. Courts repeatedly hold that:

• Panic is not a legal defense
• Compliance negates the need for force
• Punishment is never permitted

Federal Laws Governing Police Excessive Force Claims

42 U.S.C. § 1983 – The Civil Rights Act

The primary legal tool for holding police accountable is 42 U.S.C. § 1983, a federal civil rights law that allows victims to sue when government officials violate constitutional rights.

Under §1983, victims can pursue claims against:

• Individual police officers
• Police departments
• Cities, counties, and municipalities

Fourth Amendment: Unreasonable Seizures

Most excessive force claims fall under the Fourth Amendment, which protects people from unreasonable searches and seizures. Courts analyze whether the force used was objectively reasonable based on:

• Severity of the alleged crime
• Whether the person posed an immediate threat
• Whether the person was resisting or fleeing

Fourteenth Amendment: Due Process & Equal Protection

The Fourteenth Amendment applies when:

• Force is used against pretrial detainees or incarcerated individuals
• Police conduct “shocks the conscience”
• Victims are targeted based on race or other protected characteristics

How Federal Civil Rights Claims Apply in Michigan

Michigan victims routinely bring federal civil rights claims in:

• U.S. District Courts
• The Sixth Circuit Court of Appeals

Individual Officer Liability vs. Government Liability

• Officers can be held personally liable for unconstitutional force
• Cities and departments may be liable for:
  
  • Failure to train
  • Failure to supervise
  • Policies or customs that enable abuse

Michigan Laws That Impact Police Brutality Cases

Michigan Constitutional Protections

Michigan’s Constitution provides its own guarantees of due process and bodily integrity, reinforcing federal protections and strengthening certain claims.

State Tort Claims

In addition to federal civil rights claims, victims may pursue Michigan state law claims such as:

• Assault and battery
• Gross negligence
• Intentional infliction of emotional distress

Governmental Immunity in Michigan—and Its Limits

Michigan law grants government entities certain immunity protections—but those protections are not absolute. Immunity may be overcome when:

• Officers act with gross negligence
• Conduct falls outside the scope of lawful authority
• Constitutional rights are violated

How Michigan Law Interacts With Federal Claims

State and federal claims are often brought together. When done correctly, this strategy:

• Increases leverage
• Expands recoverable damages
• Exposes misconduct at multiple levels

Who Can Be Held Liable for Police Excessive Force?

Individual Police Officers

Officers who use unconstitutional force can be held personally liable under federal law.

Police Departments and Municipalities

Departments may be liable when excessive force results from:

• Official policies
• Unwritten customs
• Tolerance of misconduct

Supervisors and Command Staff

Sergeants, lieutenants, and command staff can be liable for:

• Encouraging aggressive tactics
• Ignoring complaints
• Failing to discipline known problem officers

Cities, Counties, and Townships

Local governments can be held responsible when civil rights violations stem from institutional failures—not isolated mistakes.

Failure-to-Train and Failure-to-Supervise Claims

When officers are poorly trained or unsupervised, the municipality may be liable for the predictable harm that follows.

Pattern and Practice Liability

Repeated misconduct, ignored complaints, or a culture of violence can establish a pattern and practice of constitutional violations—opening the door to broader accountability.

Proving an Excessive Force Civil Rights Case

Legal Burden of Proof

Victims must show that the force used was objectively unreasonable under the circumstances. This is not about hindsight—it’s about what the law permits.

The Objective Reasonableness Standard

Courts evaluate:

• The severity of the alleged crime
• Whether the person posed an immediate threat
• Whether the person was resisting or attempting to flee

Use-of-Force Policies and Training Manuals

Police departments’ own policies often expose misconduct. When officers violate their own rules, it strengthens the case.

Body Camera and Dash Cam Footage

Video evidence can be powerful—but only if it’s obtained and preserved quickly. We move fast to secure it.

Eyewitness Testimony and Civilian Video

Bystander footage and witness statements often contradict official police narratives.

Medical Records and Expert Analysis

Medical evidence tells the truth about:

• Timing of injuries
• Severity of force
• Whether injuries match police claims

Internal Affairs Reports and Prior Misconduct

Past complaints, disciplinary records, and internal investigations can reveal patterns of abuse and credibility issues.

What to Do After Experiencing Police Excessive Force in Michigan

Seek Immediate Medical Attention

Even if injuries seem minor, document everything. Medical records are critical evidence.

Document Injuries and Emotional Trauma

Take photos of:

• Bruises, cuts, and swelling
• Medical devices or restraints
• Emotional symptoms and psychological impact

Preserve Video, Photos, and Witness Information

Save:

• Body cam references
• Dash cam footage
• Bystander videos
• Names and contact information of witnesses

Do Not Give Statements Without Legal Counsel

Anything you say can—and will—be used against you. You are not required to explain or justify what happened.

Avoid Internal Affairs Interviews Alone

Internal affairs investigations are not neutral. They exist to protect departments—not victims.

Contact a Michigan Civil Rights Lawyer Immediately

Early legal intervention preserves evidence, protects your rights, and prevents manipulation of the narrative.

Compensation Available in Michigan Police Excessive Force Claims

Medical Expenses and Future Care

Victims of excessive force often require:

• Emergency medical treatment
• Hospitalization and surgery
• Ongoing physical therapy
• Mental health counseling
• Long-term or lifelong care

Lost Wages and Loss of Earning Capacity

When police violence takes you off the job—or permanently alters your ability to work—you may recover:

• Past lost income
• Future lost earnings
• Career disruption or forced job changes

Pain and Suffering

Physical pain caused by unconstitutional force is compensable. This includes:

• Chronic pain
• Permanent physical limitations
• Long-term discomfort and suffering

Emotional Distress Damages

Police brutality leaves deep psychological scars, including:

• PTSD
• Anxiety and depression
• Sleep disorders
• Fear of police and public spaces

Loss of Enjoyment of Life

When police violence robs you of your ability to live freely—to work, travel, socialize, or feel safe—those losses matter.

Wrongful Death Damages for Families

When excessive force results in death, surviving family members may pursue damages for:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance
• Grief and emotional suffering

Attorney’s Fees Under Federal Civil Rights Law

Federal law allows prevailing civil rights plaintiffs to recover attorney’s fees, ensuring victims can pursue justice without being financially crushed by the system.

Why Choosing the Right Michigan Civil Rights Lawyer Matters

Federal Trial Experience Matters

Cities and police departments defend these cases aggressively. Trial readiness is leverage.

Deep Understanding of Constitutional Law & §1983 Litigation

Civil rights law is complex. One misstep can cost a case before it ever reaches a jury.

Taking On Cities, Counties, and Police Departments

These defendants have:

• Unlimited resources
• Government-funded lawyers
• Institutional power

Willingness to Go to Trial—Not Just Settle

Real accountability rarely comes from quick settlements. It comes from pressure and preparation.

Strategic Use of Experts and Legal Precedent

Winning civil rights cases requires:

• Medical experts
• Use-of-force specialists
• Constitutional scholars
• Command of binding case law

Your Rights Matter—And Abuse of Power Demands Justice

No badge, uniform, or title places anyone above the law. When police officers abuse their authority and use excessive force, they violate the very rights they are sworn to protect. That kind of misconduct doesn’t just harm individuals—it undermines public trust, traumatizes families, and damages entire communities.

At Marko Law, we fight hard—and we don’t back down. If your civil rights were violated by police excessive force in Michigan, we’re ready to stand with you and take on the system that failed you.

Contact Marko Law for a Free Civil Rights Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/