{"id":355692,"date":"2021-10-05T08:46:30","date_gmt":"2021-10-05T13:46:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civilrights\/enforcing-your-civil-rights\/can-i-sue-the-police-for-excessive-force.html"},"modified":"2023-10-04T15:10:11","modified_gmt":"2023-10-04T20:10:11","slug":"can-i-sue-the-police-for-excessive-force","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/enforcing-your-civil-rights\/can-i-sue-the-police-for-excessive-force.html","title":{"rendered":"Can I Sue the Police for Excessive Force?"},"content":{"rendered":"\n
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Can I Sue the Police for Excessive Force?<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Lawsuits against police officers are often filed under federal law, but they can be difficult to win due to legal defenses like qualified immunity. You can also sue a supervisor or municipality if their policies contributed to the misconduct.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Yes, you can sue the police for excessive force. In some situations, you can also sue the law enforcement officer’s supervisor for the officer’s conduct. You may also be able to bring a claim against a municipality if it has a policy or custom that caused the use of excessive force.<\/p>\r\n

Civil rights cases involving police brutality or other police misconduct can be complicated and hard to win. A civil rights attorney<\/a> can help enforce your civil rights and advocate for you throughout the legal process.<\/p>\r\n

What Is Excessive Force?<\/h2>\r\n

\u201cExcessive force" is a type of police brutality. It means an officer has used more physical force than they reasonably believe is necessary<\/a> to conduct a stop or an arrest based on probable cause.<\/p>\r\n

The use of excessive force violates the Fourth Amendment’s prohibition on unreasonable searches and seizures<\/a>.<\/p>\r\n

In some cases, the use of excessive force also violates the Eighth Amendment’s prohibition on cruel and unusual punishment<\/a>.<\/p>\r\n

Basics of Excessive Force<\/h2>\r\n

Excessive force doesn’t have to be deadly force, nor does it necessarily involve something like a shooting. It also doesn’t need to result in serious injuries, death, or even personal injury. Excessive force<\/a> is more force than is reasonably necessary under the circumstances.<\/p>\r\n

In determining whether the amount of force used violates the U.S. Constitution, courts look at the particular facts of a situation. Considerations include:<\/p>\r\n