FORMER DOJ PROSECUTOR. NOW:
GEORGIA POLICE misconducT lawyeR
Blake Weiner Law represents people in Georgia in police misconduct and civil rights cases involving excessive force, false arrest, unlawful searches and seizures, and other constitutional violations.
Millions of dollars won
Numerous Jury Trial Victories
High Profile & Complex Case Victories
former Assistant U.S. Attorney
Were Your Rights Violated by Police in Georgia?
Police officers do not get to ignore the Constitution simply because they wear a badge.
The Fourth Amendment protects people against unreasonable searches and seizures, including certain unlawful arrests and uses of excessive force. Other constitutional protections may apply when officers retaliate against protected speech or otherwise abuse government authority.
Blake Weiner Law investigates potential police misconduct cases throughout Georgia and represents individuals seeking to hold law enforcement officers accountable for violations of their constitutional rights.
Cases The Firm Investigates & Litigates
Excessive Force
Police may use reasonable force when circumstances justify it. They may not use unreasonable force simply because someone has been stopped, detained, or arrested.
False Arrest & Unlawful Detention
An arrest or detention unsupported by adequate legal justification may violate the Fourth Amendment.
Unlawful Searches & Seizures
The Constitution places limits on when police may search a person, vehicle, home, or other property.
Police Retaliation
The First Amendment can prohibit government officials from retaliating against someone for constitutionally protected speech or conduct.
Malicious Prosecution
Certain criminal prosecutions initiated without probable cause may support a federal civil rights claim when the applicable legal requirements are satisfied.
Other Civil Rights Violations
Police misconduct cases can take many forms. The specific facts, evidence, defendants, and constitutional rights involved determine whether a viable claim exists.
Can You Sue the Police in Georgia?
Yes, under appropriate circumstances.
One of the principal federal laws used to bring police misconduct lawsuits is 42 U.S.C. § 1983. Section 1983 provides a mechanism for seeking relief when a person acting under color of state law violates federally protected rights.
But proving that a police officer behaved badly is not necessarily enough to win a civil rights lawsuit.
A case may require determining:
- What constitutional right was violated;
- Whether the officer had probable cause or other legal justification;
- Whether the officer’s actions were objectively reasonable;
- Whether qualified immunity applies;
- Which individuals or governmental entities can legally be sued; and
- What damages resulted from the constitutional violation.
Police misconduct litigation can therefore become highly fact-specific. The evidence surrounding the encounter often matters enormously.
Georgia False Arrest and Unlawful Detention Claims
An officer generally cannot arrest someone merely because the officer wants to.
The Fourth Amendment protects against unreasonable seizures, and probable cause plays a central role in determining whether many arrests are constitutionally permissible.
However, having criminal charges dismissed does not automatically mean that you were falsely arrested. The relevant question can include what information was available to the officer when the arrest occurred.
That is why Blake Weiner Law examines the underlying evidence rather than simply relying on the allegations contained in a police report.
Evidence may include body-camera footage, dispatch communications, witness statements, surveillance footage, arrest reports, warrants, and other records surrounding the encounter.
Georgia Excessive Force Lawyer
Being lawfully stopped or arrested does not give police unlimited authority to use force.
The Fourth Amendment prohibits unreasonable force. Whether a particular use of force was unconstitutional depends heavily on the circumstances confronting the officer.
Potential excessive-force cases may involve:
- Police shootings;
- Tasers;
- Punches, kicks, or strikes;
- Takedowns;
- Police dogs;
- Force used against restrained individuals;
- Force used after a person has stopped resisting; or
- Other unnecessary or disproportionate uses of force.
The legality of the arrest and the legality of the force are separate questions. A person can be lawfully arrested and still be subjected to unconstitutional excessive force.
The Police Report Does Not Get the Final Word
A police report tells you what an officer wrote happened.
It does not necessarily tell you what actually happened.
Police misconduct cases can turn on evidence that contradicts, supplements, or places an officer’s account into context.
Blake Weiner Law may seek and review evidence such as:
Body-worn camera footage
Dash-camera footage
911 calls and dispatch recordings
Surveillance video
Photographs
Medical records
Witness statements
Incident and arrest reports
Use-of-force reports
Internal affairs records
Department policies and training materials
Evidence can disappear, recordings can be overwritten, and memories can fade. Potential claims should therefore be investigated promptly.
Why Blake Weiner? A Georgia Civil Rights Lawyer Who Knows Both Sides
Former DOJ Prosecutor
Before representing individuals in private practice, Blake Weiner served as an Assistant United States Attorney. That experience provides a perspective on how cases are investigated, evaluated, and litigated from the government side.
Trial Experience
Blake Weiner has tried serious cases before juries in state and federal court. The firm’s approach is built around preparing cases for litigation—not simply generating settlements as quickly as possible.
Civil Rights Litigation
Blake Weiner Law represents individuals seeking to hold police officers and other government officials accountable for violations of constitutional rights.
Direct Access to Your Lawyer
Police misconduct cases require careful investigation of the facts. Clients work directly with the attorney handling their matter rather than being passed through a high-volume intake system.
Police Misconduct Cases Throughout Georgia
Blake Weiner Law litigates police misconduct and civil rights cases throughout Georgia, including matters arising in:
Atlanta • Fulton County • DeKalb County • Cobb County • Gwinnett County • Clayton County • Sandy Springs • Brookhaven • Chamblee • Decatur • Marietta • Roswell • Alpharetta • Savannah • Augusta • Columbus • Macon
Frequently Asked Questions
Can I sue a police officer in Georgia?
Potentially. Federal law provides a mechanism for seeking relief when a person acting under color of state law violates federally protected rights. Whether you have a viable claim depends on the particular facts and applicable law.
Can I sue the police for false arrest in Georgia?
A person arrested without constitutionally sufficient justification may have a civil rights claim. However, dismissal of the criminal charge alone does not establish false arrest. The circumstances surrounding the arrest must be evaluated.
Can I sue if police used excessive force during my arrest?
Potentially. A lawful arrest does not give an officer unlimited authority to use force. Whether force was excessive depends on the circumstances.
Can I sue a Georgia police department?
Determining the proper defendants can be more complicated than simply naming the police department. Claims against individual officers and governmental entities involve different legal requirements.
What should I do if I think police violated my rights?
Preserve any photographs, videos, medical records, witness information, citations, charging documents, messages, or other evidence connected to the incident. Avoid modifying original recordings. An attorney can then evaluate what additional records should be obtained.
How much is a police misconduct lawsuit worth?
There is no standard value. Potential damages depend on the nature of the constitutional violation, injuries, financial losses, available evidence, defendants, and numerous other circumstances.
Talk to a Georgia Police Misconduct Lawyer
If you believe a Georgia police officer violated your constitutional rights, you don’t have to determine on your own whether you have a viable civil rights claim.
Blake Weiner Law investigates police misconduct claims, obtains the available evidence, determines whether there is a viable claim against the officers or other responsible parties, and sues them if a viable claim exists.
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