Protesting is not a privilege—it’s a right. The First Amendment protects your freedom to assemble, speak out, and challenge injustice. But what happens when the people sworn to protect those rights become the ones violating them?
We've seen it in our own backyard. In Detroit and across Michigan, peaceful demonstrators have been met with tear gas, rubber bullets, mass arrests, and police aggression. You might remember the protests in downtown Detroit where law enforcement cornered and tackled nonviolent protesters, or the disturbing footage of excessive force at the George Floyd protests. These weren’t just news stories—they were civil rights violations, plain and simple.
If police go too far—if you’re injured, unlawfully detained, or silenced—you have legal options. You have the right to push back. You have the right to demand justice.
At Marko Law, we’ve stood up to cities, police departments, and government agencies that crossed the line. Jon Marko has built a career on holding the powerful accountable—from exposing systemic abuse to winning multi-million dollar verdicts in civil rights trials.
Know Your Rights at a Protest
First Amendment Protections
The First Amendment of the U.S. Constitution guarantees every person in this country the right to:
- Assemble Peacefully: You have the legal right to gather in public spaces—parks, sidewalks, city centers—to protest and demonstrate.
- Speak Freely: You’re allowed to voice dissent, chant, carry signs, and criticize the government without fear of arrest or retaliation.
Fourth Amendment Protections
The Fourth Amendment protects you from government overreach during protests, including:
- Unlawful Searches and Seizures: Police can’t search your belongings or seize your phone without a warrant or legal justification.
- Unlawful Detention or Arrest: You can’t be arrested just for showing up or because an officer “doesn’t like your attitude.” They must have probable cause.
Recording Police: What You Can—and Should—Do
In Michigan, you have the right to record public officials, including police officers, in public spaces.
If you witness or experience misconduct:
- Start recording as soon as it’s safe to do so.
- Back up your videos to the cloud or send them to someone you trust.
- If police attempt to delete your footage or seize your phone without a warrant—that’s illegal.
What Constitutes “Excessive Force”?
The Legal Standard
Excessive force occurs when officers use more force than necessary to manage a situation. The key question: Was the level of force appropriate given the circumstances?
If you were peacefully protesting and the police responded like you were a violent threat—they may have violated your constitutional rights.
Courts weigh the severity of the situation, whether you posed a threat, and whether you were resisting or attempting to flee. But even if things are tense, police do not have free reign to injure, gas, or trap innocent people.
Excessive Force at Protests—What It Looks Like
Here’s what we’ve seen across Michigan and the U.S. in recent years—and what may give rise to a lawsuit:
- Rubber Bullets to the Face: These are supposed to be “less-lethal,” but when aimed at the head or fired at close range, they’ve caused permanent eye damage, brain injuries, and even death.
- Tear Gas Used Indiscriminately: Spraying chemical agents into peaceful crowds without warning is a form of collective punishment—not crowd control.
- Baton Strikes to Peaceful Demonstrators: Beating people who are not resisting isn’t just brutal—it’s unlawful.
- Kettling and Illegal Mass Arrests: Corralling protesters into a confined area and arresting them en masse without cause violates both state and federal rights.
Steps to Take If Police Use Excessive Force
Get to Safety First
Your top priority is survival. If you're being targeted, overwhelmed by gas, or in the middle of a violent response:
- Move to a safe location as quickly as possible.
- Help others if you can, but don’t put yourself at further risk.
- Stay calm. Focus on breathing and getting to safety.
Document Everything You Can
Once you're safe, start gathering evidence. Time is critical, and memories fade fast. This information can make or break your civil rights case:
- Write down everything you remember—the sequence of events, what was said, who did what.
- Get badge numbers, names, or physical descriptions of the officers involved.
- Take photos of injuries, damaged property, and your protest environment.
- Get witness names and contact info—the more accounts, the better.
- Save your protest footage. Don’t delete videos or photos, even if they seem minor. Upload them to the cloud or send them to someone you trust.
Seek Medical Attention Immediately
Even if you think you’re “fine,” get checked out. Some injuries—like concussions or chemical burns—can worsen over time.
- Go to the ER, urgent care, or your primary care provider.
- Be honest about what happened: “I was hit with a baton at a protest.”
- Request copies of all records, diagnoses, and bills.
File a Complaint with Internal Affairs—But Don’t Stop There
Filing a complaint with the police department or city’s internal affairs unit is a good step—but it’s not the final one.
- Submit your complaint in writing and ask for a response or case number.
- Be aware: many internal investigations protect officers, not victims.
- Don’t rely on the system that failed you to suddenly make it right.
Speak to a Civil Rights Attorney Immediately
The faster you get legal counsel, the better your chances of securing justice.
At Marko Law, we move quickly to preserve evidence, gather witnesses, and prepare legal claims under 42 U.S.C. § 1983 and Michigan law. We’ve held police departments and city governments accountable for brutality, false arrest, and retaliation—and we know how to fight back when the system tries to cover its tracks.
Legal Claims You May Have
42 U.S.C. § 1983 – Civil Rights Lawsuit
This federal statute is one of the most powerful tools in civil rights law. It allows individuals to sue state or local government officials—including police officers—who violate constitutional rights.
You may have a § 1983 claim if:
- You were assaulted or injured by police using excessive force
- You were arrested without probable cause
- Your freedom of speech or right to protest was suppressed
- Your phone or personal property was unlawfully seized
Battery or Assault Under Michigan Law
Not every claim is constitutional. Some are just plain criminal.
If an officer strikes, gasses, or otherwise harms you without justification, you may sue for assault and battery under Michigan tort law. These are state-level claims based on physical harm, and they often go hand-in-hand with your federal civil rights case.
Wrongful Arrest or Unlawful Detention
If you were arrested while peacefully protesting—or simply standing nearby—you may have a claim for false imprisonment or wrongful arrest.
Police can’t detain or arrest you just because you’re present, filming, or wearing political clothing. They need clear probable cause that you were committing a specific crime. Without it, the arrest is not just illegal—it’s grounds for a lawsuit.
Retaliation for Exercising Free Speech
The First Amendment doesn’t just protect your right to speak—it protects you from government retaliation for exercising that right.
If officers singled you out, arrested you, or used force against you because of what you said or chanted—that’s retaliation. It’s unconstitutional, and it’s actionable.
Government Liability – Monell Claims
Under the landmark case Monell v. Dept. of Social Services, cities and police departments can be sued when:
- They have policies or practices that violate civil rights
- They fail to train or supervise officers properly
- They tolerate misconduct and fail to discipline bad cops
Your Rights Don’t End When the Protest Begins
You have the right to protest—and you have the right to do it without being brutalized, arrested without cause, or silenced by fear. When law enforcement crosses the line, it’s not just wrong—it’s a violation of the Constitution.
At Marko Law, we’ve stood on the front lines of civil rights litigation across Michigan. We’ve taken on police departments that abused their power, cities that looked the other way, and systems that failed to protect the people. And we’ve won.
If the police went too far during a protest—if they hurt you, detained you without cause, or tried to silence your voice—you don’t have to accept it. You have a case. And we’re ready to fight.
Contact Marko Law for a Free Case Evaluation
📞 Phone: 1-833-MARKO-LAW or+1 313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com
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