Excessive Force Cases Lawyer in Macomb County

Excessive Force Cases Lawyer in Macomb County

Excessive force occurs when a law enforcement officer uses more physical force than is necessary to apprehend a suspect or manage a situation. This type of misconduct goes beyond what is legally justified or reasonable under the circumstances. Instances of excessive force can include, but are not limited to:

• Physical Assault: Unwarranted hitting, kicking, or beating of a suspect.
• Use of Deadly Force: Using firearms or other lethal methods without a clear and imminent threat to the officer or others.
• Improper Use of Non-Lethal Weapons: Excessive or unjustified use of tasers, pepper spray, batons, or other non-lethal devices.
• Unlawful Restraints: Applying unnecessary restraints, such as chokeholds or hog-tying, which can lead to serious injury or death.
• Inhumane Treatment: Inflicting pain or suffering on individuals in custody, such as through physical abuse or denial of medical care.

The core issue in excessive force cases is whether the officer’s actions were reasonable given the situation. This determination considers factors such as the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was resisting arrest or attempting to flee.

Legal Standards

Federal Laws:

• Fourth Amendment: The primary federal standard comes from the Fourth Amendment to the U.S. Constitution, which protects individuals from unreasonable searches and seizures. The U.S. Supreme Court’s decision in Graham v. Connor established that claims of excessive force by law enforcement officers should be analyzed under the Fourth Amendment’s “objective reasonableness” standard. This means that the force used must be objectively reasonable in light of the facts and circumstances confronting the officer at the time, without regard to their underlying intent or motivation.
• Section 1983 of the Civil Rights Act: This federal statute allows individuals to sue state and local officials, including police officers, for violations of their constitutional rights, including excessive force. To succeed in a Section 1983 claim, plaintiffs must demonstrate that the officer acted under color of state law and deprived them of a constitutional right.
• Department of Justice (DOJ) Guidelines: The DOJ provides guidelines and oversight to ensure that law enforcement agencies comply with federal standards regarding the use of force.

State Laws:

• Michigan State Law: In addition to federal laws, Michigan has its own laws and standards governing the use of force by law enforcement officers. Michigan state law requires that the use of force by police officers be reasonable under the circumstances. This standard is similar to the federal objective reasonableness standard.
• Michigan Law Enforcement Standards Commission (MLESC): The MLESC sets training standards for law enforcement officers in Michigan, including training on the appropriate use of force. This training includes de-escalation techniques and the use of non-lethal methods to resolve conflicts.
• Michigan Penal Code: Specific provisions in the Michigan Penal Code address the use of force by law enforcement, outlining the conditions under which force may be used and establishing penalties for officers who use excessive force.

Steps to Take if You Experience Excessive Force

Immediate Actions

The first priority after experiencing excessive force is to ensure your immediate safety and well-being:

• Ensure Safety: If you are still in a dangerous situation, try to remove yourself from the immediate threat if it is safe to do so. Seek a safe location where you are not at risk of further harm.
• Seek Medical Attention: Obtain medical care as soon as possible, even if you do not believe your injuries are severe. Some injuries may not be immediately apparent. A medical evaluation will also create a record of your injuries, which is crucial evidence for your case.
• Document Medical Treatment: Keep detailed records of all medical treatments, diagnoses, and recommendations from healthcare providers. These records will be vital for proving the extent of your injuries and the impact on your health.

Documenting the Incident

Gathering evidence is critical for building a strong case and proving that excessive force occurred:

• Photograph Injuries: Take clear and detailed photographs of any visible injuries as soon as possible. Continue to document the healing process and any lasting marks or scars.
• Preserve Evidence: Keep any physical evidence that might support your claim, such as torn clothing, damaged personal items, or any objects involved in the incident.
• Collect Witness Statements: If there were witnesses to the incident, obtain their contact information and ask them to provide written statements detailing what they observed. Witness testimonies can be powerful evidence in corroborating your account of the events.
• Record Details: Write down everything you remember about the incident as soon as you can. Include details such as the date, time, location, officers involved, and any dialogue that took place. This written account will help ensure that you do not forget important details as time passes.
• Video and Audio Evidence: If there is any video or audio evidence of the incident, such as from bystanders' smartphones, security cameras, or police body cameras, make efforts to obtain copies. This type of evidence can be compelling in demonstrating what occurred.

Reporting the Incident

Reporting the incident to the appropriate authorities is an important step in seeking justice and accountability:

• Internal Affairs: File a complaint with the Internal Affairs division of the law enforcement agency involved. Internal Affairs is responsible for investigating allegations of misconduct by officers. Provide them with all the evidence and details you have collected.
• Civilian Oversight Boards: Some communities have civilian oversight boards that review complaints against law enforcement officers. Filing a complaint with such a board can add an additional layer of accountability.
• External Agencies: Report the incident to external agencies such as the U.S. Department of Justice (DOJ) or the Federal Bureau of Investigation (FBI), especially if you believe your civil rights were violated.
• State and Local Authorities: In Michigan, you can report police misconduct to the Michigan Department of Civil Rights (MDCR). The MDCR investigates allegations of civil rights violations, including excessive force by law enforcement officers.

Compensation and Legal Remedies

Types of Compensation

Medical Expenses

• Immediate Medical Costs: This includes emergency room visits, hospital stays, surgeries, medications, and any other immediate medical treatments required due to the injuries sustained from excessive force.
• Ongoing Medical Care: Compensation for long-term medical care, such as physical therapy, rehabilitation, follow-up visits, and necessary medical equipment or home modifications.
• Mental Health Treatment: Costs for psychological counseling or therapy to address emotional trauma, anxiety, PTSD, and other mental health issues resulting from the incident.

Pain and Suffering

• Physical Pain: Compensation for the physical pain endured during and after the incident, including chronic pain or long-term physical impairment.
• Emotional Distress: Damages for emotional suffering, including anxiety, depression, and loss of enjoyment of life due to the traumatic experience.

Lost Wages

• Lost Income: Reimbursement for wages lost due to the inability to work while recovering from injuries.
• Reduced Earning Capacity: Compensation for any long-term or permanent reduction in earning capacity caused by the injuries. This may include future lost wages and potential loss of career advancement opportunities.

Punitive Damages

• Punitive Damages: In cases where the officer’s conduct was particularly egregious or malicious, courts may award punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.

Legal Remedies

Injunctive Relief

• Policy Changes: Courts can order law enforcement agencies to implement or revise policies and procedures to prevent future instances of excessive force. This may include changes to use-of-force guidelines, training programs, and disciplinary procedures.
• Training Programs: Mandating comprehensive training for officers on de-escalation techniques, proper use-of-force protocols, and recognizing implicit biases.
• Oversight and Accountability: Implementing measures for greater oversight and accountability within law enforcement agencies, such as establishing civilian review boards or increasing transparency in internal investigations.

Reinstatement and Corrective Actions

• Reinstatement: In cases where victims have lost their jobs due to the incident, courts may order reinstatement to their former positions or similar roles.
• Corrective Actions: Requiring law enforcement agencies to take specific corrective actions, such as the removal or discipline of officers involved in the use of excessive force.

Contact Marko Law for a Free Consultation and Expert Legal Assistance

If you or a loved one has been a victim of excessive force, it is imperative to seek professional legal assistance to ensure your rights are protected and justice is served. At Marko Law, our dedicated team of attorneys has extensive experience in handling excessive force cases and is committed to fighting for the rights of victims.

Contact Marko Law today for a free consultation and let us help you navigate the complexities of your excessive force case. Our team will provide personalized legal support, thorough investigation, and aggressive advocacy to secure the best possible outcome for you.

• Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
• Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: Marko Law

At Marko Law, we believe in providing compassionate, personalized legal representation to help you achieve justice and secure the compensation you deserve. Trust us to be your advocate and guide you through the legal process, ensuring that your rights are upheld and that you receive the justice you need to move forward.