October 6, 2026
Why Excessive Force Violates Civil Rights and What Victims Can Do
Learn how civil rights excessive force claims work in Michigan, what damages victims may recover, and how Marko Law can help—$2B secured.
When Police Force Becomes a Civil Rights Violation
Police use of force violates the Constitution when it is unreasonable under the circumstances. Victims subjected to civil rights excessive force can seek legal accountability when an officer uses more physical force than the situation objectively required. If you were hurt during a police encounter in Michigan, get medical care, preserve any video and witness details, and speak with a civil rights lawyer promptly. Federal law may allow a claim against an officer; Michigan-law claims can follow different rules. Qualified immunity can make some federal claims harder, but it does not automatically end every case.
I'm Jonathan R. Marko, a Michigan trial attorney with experience handling civil rights litigation and appeals. Marko Law has secured over $2 billion for clients across its practice areas, and this guide explains the rights and options you may have.
Learn more about related legal issues:
Understanding the Legal Basis of Civil Rights Excessive Force
When government actors cross the line from lawful peacekeeping into unlawful violence, they violate the United States Constitution. The primary federal vehicle for pursuing justice is 42 U.S.C. § 1983, a landmark statute enacted during the Reconstruction era to enforce constitutional guarantees against state abuse. Under Section 1983, individuals can hold state and local officials civilly accountable for deprivations of federally protected rights.
Civil rights excessive force claims arise when an officer's conduct becomes unreasonable under the circumstances. The specific constitutional amendment that governs a claim depends largely on the custodial status of the victim at the time the force occurred:
- Fourth Amendment: Protects free citizens against unreasonable seizures. It governs investigatory stops, street detentions, physical arrests, and traffic interactions.
- Fourteenth Amendment: Guarantees substantive due process and protections against excessive force for pretrial detainees who are in custody but have not yet been convicted of a crime.
- Eighth Amendment: Shields convicted prisoners from cruel and unusual punishments, focusing on whether force was applied maliciously and sadistically rather than in a good-faith effort to maintain discipline.
The cornerstone of modern Fourth Amendment excessive force jurisprudence was established by the Supreme Court in Graham v. Connor. The Court established that an officer’s subjective intent, whether malicious or benevolent, does not dictate whether force was lawful. Instead, courts must examine the objective reasonableness of the officer's actions based solely on the facts known to them at the scene.
Constitutional Standards Governing Civil Rights Excessive Force Claims
Under the Graham framework, courts evaluate whether a police officer’s use of force was objectively reasonable through three core considerations:
- Severity of the Crime: The nature and gravity of the offense at issue (for example, a violent felony versus a minor misdemeanor or traffic infraction).
- Immediate Threat: Whether the suspect posed an immediate physical threat to the safety of the officers or bystanders.
- Active Resistance or Flight: Whether the individual was actively resisting arrest or attempting to evade detention by flight.
Judicial review acknowledges that law enforcement officers are frequently forced to make split-second judgments in tense, uncertain, and rapidly evolving circumstances. However, this does not grant officers carte blanche. Courts must review the totality of the circumstances, distinguishing between genuine resistance and passive noncompliance.
Victims seeking clarity on what qualifies as unreasonable physical force during an arrest must understand that even minor applications of force can become unconstitutional when a suspect is restrained, submissive, or incapable of presenting a physical danger.
Michigan Law vs. Federal Protections
Pursuing an excessive force claim in Michigan often requires navigating both federal constitutional claims and state-level tort remedies. While federal claims proceed under Section 1983, Michigan law offers state tort claims such as assault, battery, intentional infliction of emotional distress, and gross negligence.
Additionally, Michigan's Elliott-Larsen Civil Rights Act (ELCRA) prohibits discrimination based on race, religion, color, national origin, sex, and age in public services and law enforcement practices. Victims evaluating potential civil rights violations in Michigan must navigate Michigan’s governmental immunity rules, which can bar certain state-level intentional tort claims unless an officer’s conduct demonstrates gross negligence or an intentional disregard for safety.
The Qualified Immunity Shield and Recent Legal Challenges
The judicial doctrine of qualified immunity shields government officials from personal liability in civil lawsuits unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Over the past 50 years, federal courts have dramatically expanded this doctrine, frequently requiring plaintiffs to point to nearly identical prior case law to defeat summary judgment.
This rigid standard has produced controversial rulings. In Corbitt v. Vickers, an officer was granted qualified immunity after accidentally shooting a child while attempting to shoot a family pet that posed no threat, because no prior case had declared that exact scenario unconstitutional. Conversely, in Taylor v. Riojas, the Supreme Court held that some constitutional violations are so obvious that specific case precedent is unnecessary, such as confining an inmate in unsanitary, feces-covered cells for days.
The legal landscape continues to evolve. In the recent decision Zorn v. Linton, the Supreme Court addressed pain-compliance tactics on non-violent demonstrators, emphasizing that applying severe physical force like rear wristlocks to passively resisting individuals without clear justification can defeat qualified immunity.
| Feature / Criterion | Federal Section 1983 Standard | Michigan State Law Framework |
|---|---|---|
| Primary Basis | Fourth, Eighth, Fourteenth Amendments | State Tort Law & Elliott-Larsen Civil Rights Act |
| Immunity Defense | Federal Qualified Immunity ("Clearly Established" Law) | Governmental Immunity (MCL 691.1407) |
| Immunity Exception | Obvious or established constitutional violations | Gross negligence, ultra vires acts, intentional torts |
| Entity Liability | Requires Monell custom, policy, or failure to train | Direct vicarious liability generally limited by statute |
| Typical Filing Window | 3 years (borrowed from state personal injury) | 3 years for injury / 2 years for certain state torts |
How Trial Lawyers and Advocacy Groups Fight Back
To counteract the restrictive effects of qualified immunity, trial organizations like the American Association for Justice (AAJ) and dedicated trial lawyers actively coordinate national litigation strategies. This includes submitting amicus curiae briefs in appellate courts, cataloging use-of-force patterns, and sharing specialized litigation packets.
Simultaneously, advocacy groups are pushing for legislative reforms at both state and federal levels to eliminate or modify qualified immunity shields. For victims confronting police misconduct, understanding how trial attorneys navigate and challenge police immunity defenses is essential to overcoming early defense motions for summary judgment.
Step-by-Step Guide for Victims of Police Misconduct
If you or a family member has experienced excessive force by law enforcement in Michigan, taking prompt, calculated steps is critical to preserving your civil rights claim:
- Seek Immediate Medical Attention: Document all physical and psychological injuries at an emergency room or through your primary physician. Explicitly tell medical staff how the injuries occurred so it is recorded in your medical charts.
- Preserve Physical and Digital Evidence: Take high-resolution photographs of bruises, lacerations, taser puncture marks, and torn clothing. Preserve personal mobile phone recordings, dashcam footage, and social media posts.
- Identify Eyewitnesses: Collect contact details, written accounts, and recorded statements from any bystanders who witnessed the encounter.
- Secure Official Records via FOIA: Request body-worn camera footage, dashcam videos, 911 dispatch audio tapes, CAD incident reports, and internal use-of-force logs under Michigan's Freedom of Information Act (FOIA).
- Submit Departmental Complaints Carefully: Review the formal steps to file an official complaint in Michigan with local police departments or the Michigan Department of Civil Rights, ideally with the assistance of legal counsel to avoid prejudicing civil litigation.
Legal Remedies for Victims of Civil Rights Excessive Force
Civil rights litigation provides avenues to recover financial compensation and compel institutional change:
- Compensatory Damages: Covers economic losses (medical bills, hospital stays, physical therapy, lost earnings) and non-economic harm (pain and suffering, emotional distress, PTSD, permanent scarring).
- Punitive Damages: Available against individual officers under Section 1983 when their conduct is proven to be motivated by evil motive or intent, or involves reckless or callous indifference to federally protected rights.
- Monell Claims: Claims asserted against municipalities or county sheriff departments where systemic unconstitutional customs, official policies, or deliberate indifference in officer training directly caused the violation.
- Injunctive Relief: Court-mandated policy overhauls, retraining orders, and departmental oversight designed to eliminate abusive practices.
Victims can review the full spectrum of financial and legal remedies available in excessive force cases to determine the full value and scope of their claims.
Frequently Asked Questions about Excessive Force Claims
Does resisting arrest automatically eliminate an excessive force claim?
No. While active resistance is one of the factors evaluated under the Graham test, it does not give officers permission to use unlimited or disproportionate violence. Once a suspect has stopped resisting, is pinned to the ground, or is placed in handcuffs, the continued application of severe strikes, chokeholds, or taser discharges becomes unreasonable and unconstitutional under the Fourth Amendment.
What is the deadline to file an excessive force lawsuit?
For federal Section 1983 claims in Michigan, the statute of limitations borrows Michigan’s general personal injury limitations period of three years from the date the incident occurred. Certain state-law claims, such as assault or battery against individual officers, may have shorter notice periods or two-year statutes of limitations. Understanding the timeline expectations for civil rights settlements and litigation helps ensure that claims are brought before deadlines expire.
How do courts evaluate pain-compliance techniques during peaceful protests?
Courts evaluate pain-compliance maneuvers, such as pressure points, joint locks, and rear wristlocks, under the Fourth Amendment’s totality-of-the-circumstances standard. When applied against non-violent, passively resisting demonstrators, officers must generally provide clear verbal warnings and assess whether less severe methods could achieve lawful compliance. As clarified in recent rulings like Zorn v. Linton, inflicting severe physical trauma on passive demonstrators can constitute unconstitutional excessive force.
Conclusion
Excessive police force strikes at the very heart of constitutional liberty. Holding law enforcement agencies and individual officers accountable preserves fundamental rights and ensures that justice applies equally across Detroit, Wayne County, Oakland County, and communities throughout Michigan.
Navigating complex Section 1983 litigation, qualified immunity defenses, and municipal liability requires seasoned trial attorneys who are not afraid to step inside the courtroom. To date, Marko Law has secured over $2 billion for clients by aggressively pursuing civil rights and personal injury claims against government and institutional defendants.
If you or a loved one suffered harm due to police misconduct, speak with an experienced advocate to discuss your case. You can explore your options by consulting an experienced civil rights attorney at Marko Law.
Contact our team today for a free consultation at 313-777-7777.
Disclaimer: The information in this article is provided for educational and informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Marko Law. Civil rights laws and procedural deadlines vary significantly based on jurisdiction and specific case facts. Consult a licensed Michigan attorney regarding your particular legal circumstances.
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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. John Eads and Gasper tag-teamed those negotiations like champs. I'll be sending clients your way for the foreseeable future.
Erick Monzo
★★★★★
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
★★★★★
I've been working with attorney Michael Jones for two years and couldn't have asked for a more dedicated attorney. He has never given up on my case and continues to fight hard to make sure justice is served. I highly recommend him to anyone who needs a lawyer who will stand by you.
Tamara Murphy
★★★★★
Michael Jones and his team have been nothing but kind, courteous and very knowledgeable on any question I have had. They always answer my questions and walk me through the process. I would recommend Marko Law and Michael to anyone who needs an outstanding law firm.
Aaron Thomas
★★★★★
From intake through the entire process, Michael Jones and his team have been doing an excellent job representing me. Their timely responses have given me true faith in their ability. I truly feel I could not be better represented anywhere else. Thank you, Michael and Dae!
Ken
★★★★★
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
Danielle Burkes
★★★★★
I wanted to offer some positive feedback regarding Melody, who answers the phone. I found her to be very polite, cheerful and empathetic. She went above and beyond to make sure I could talk directly to the person who could best help me, and my issue was successfully resolved.
Geri Wilson
★★★★★
Marko Law is excellent! My case was handled very well. I appreciate the time Alex Kay spent to ensure I received the maximum payout, and his paralegal Tracey was great too. I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted law firm!
Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
★★★★★
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case, and his expertise has made a stressful situation feel much less daunting. He's been nothing but attentive and informative throughout the process.
Tiffany
★★★★★
Ariel Kellersohn is the best in the business. If you want a lawyer who dedicates herself to your case, you have found the right place. She upholds the highest standards of professionalism and is also very personable and easy to talk to. 10/10, if I could leave more than 5 stars I would!
Trinity Delaney
★★★★★
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. His dedication guided my case to a successful settlement. I would recommend them for any legal support you need.
Joe Hinkle
★★★★★
What a fantastic experience I had working with the firm. You made me feel like you cared about me and not about making money. The communication was amazing, and you kept me informed on all aspects of my case. I would 100% recommend you and your firm.
M. Solomon
★★★★★
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
★★★★★
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
★★★★★
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
★★★★★
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!
Marissa W.
★★★★★
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.
Joe S.
★★★★★
Marko Law exemplifies professionalism and diligence even in the most laborious cases. You truly feel protected and secure when handing Marko Law your vulnerability. They will always fight to protect your rights.
Allie S.
★★★★★
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:)
Holly L.
★★★★★
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!
Monique T.
★★★★★
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.
Hamid S.
★★★★★
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!
Lauren G.
★★★★★
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!
Ruvayn R.
★★★★★
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.
★★★★★
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.
★★★★★
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.
★★★★★
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. John Eads and Gasper tag-teamed those negotiations like champs. I'll be sending clients your way for the foreseeable future.
Erick Monzo
★★★★★
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
★★★★★
I've been working with attorney Michael Jones for two years and couldn't have asked for a more dedicated attorney. He has never given up on my case and continues to fight hard to make sure justice is served. I highly recommend him to anyone who needs a lawyer who will stand by you.
Tamara Murphy
★★★★★
Michael Jones and his team have been nothing but kind, courteous and very knowledgeable on any question I have had. They always answer my questions and walk me through the process. I would recommend Marko Law and Michael to anyone who needs an outstanding law firm.
Aaron Thomas
★★★★★
From intake through the entire process, Michael Jones and his team have been doing an excellent job representing me. Their timely responses have given me true faith in their ability. I truly feel I could not be better represented anywhere else. Thank you, Michael and Dae!
Ken
★★★★★
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
Danielle Burkes
★★★★★
I wanted to offer some positive feedback regarding Melody, who answers the phone. I found her to be very polite, cheerful and empathetic. She went above and beyond to make sure I could talk directly to the person who could best help me, and my issue was successfully resolved.
Geri Wilson
★★★★★
Marko Law is excellent! My case was handled very well. I appreciate the time Alex Kay spent to ensure I received the maximum payout, and his paralegal Tracey was great too. I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted law firm!
Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
★★★★★
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case, and his expertise has made a stressful situation feel much less daunting. He's been nothing but attentive and informative throughout the process.
Tiffany
★★★★★
Ariel Kellersohn is the best in the business. If you want a lawyer who dedicates herself to your case, you have found the right place. She upholds the highest standards of professionalism and is also very personable and easy to talk to. 10/10, if I could leave more than 5 stars I would!
Trinity Delaney
★★★★★
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. His dedication guided my case to a successful settlement. I would recommend them for any legal support you need.
Joe Hinkle
★★★★★
What a fantastic experience I had working with the firm. You made me feel like you cared about me and not about making money. The communication was amazing, and you kept me informed on all aspects of my case. I would 100% recommend you and your firm.
M. Solomon
★★★★★
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
★★★★★
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
★★★★★
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
★★★★★
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!
Marissa W.
★★★★★
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.
Joe S.
★★★★★
Marko Law exemplifies professionalism and diligence even in the most laborious cases. You truly feel protected and secure when handing Marko Law your vulnerability. They will always fight to protect your rights.
Allie S.
★★★★★
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:)
Holly L.
★★★★★
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!
Monique T.
★★★★★
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.
Hamid S.
★★★★★
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!
Lauren G.
★★★★★
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!
Ruvayn R.
★★★★★
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.
★★★★★
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.
★★★★★
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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