Orange County Police Abuse and Excessive Force Lawyer
A civil action may be filed in state or federal court, or both, against a police officer or the officer's employer to recover damages for personal injuries or wrongful death sustained during an arrest.
Types of excessive force
The majority of excessive force cases involve the use of nondeadly force, that is, cases in which no firearm or other deadly weapon is used. The force may be administered in the form of a blow from a nightstick or the officer's fists, or by kicking or throwing the subject onto the ground or into an object.
- Excessive force in use of firearm; Deadly force
- Excessive force in beating case
- Excessive force in use of Taser
- Excessive force in use of dog
- Car chase ramming
Determining Whether Police Used Excessive Force
- In assessing whether the amount of force used was reasonable, appropriate factors to consider include the following:
- the amount of force exerted
- the means or instruments by which force was applied
- the manner or method of applying force
- the circumstances under which force was applied
- differences in the size, age, sex, and relative strength of the participants
- In addition, if there has been a history of difficulties between the parties, evidence of prior confrontations may also be admissible.
Damages recoverable by or on behalf of injured person
- Past and Future medical expenses
- Loss of past and future earnings
- Pain and suffering from physical injuries
- Mental anguish
- Fright and shock
- Anxiety, depression, and other mental suffering or illness
- Anxiety as to future disease or condition
- Parents' loss of minor's services
- Loss of financial support from decedent's earnings and other income
- Loss of parental advice and guidance
- Loss of companionship of decedent
- Mental anguish and grief of survivors
- Loss of prospective inheritance as result of death of injured person
- Funeral and burial expenses
- Exemplary or punitive damages for malicious or reckless conduct
- Prejudgment interest
- Litigation fees and costs
Scott Hughes is a former United States Marine and Military Police Officer that helps victims of police brutality cases including wrongful police shoots and excessive force claims.
Contact Us for more information about your Orange County Excessive Force Claim.
Scott Hughes is a police abuse attorney in Orange County practicing in State and Federal Court.