GEORGIA EXCESSIVE FORCE LAWYER
SUING GEORGIA POLICE FOR EXCESSIVE FORCE
If Georgia police used excessive force, your constitutional rights may have been violated. Blake Weiner Law represents victims of excessive force and police misconduct throughout Georgia.
Millions of dollars won
Numerous Jury Trial Victories
High Profile & Complex Case Victories
former Assistant U.S. Attorney
What Is Excessive Force in Georgia?
Claims involving excessive force by state and local police officers are generally brought under 42 U.S.C. § 1983 for violations of the United States Constitution.
For force used during an arrest or investigatory stop, courts generally analyze the officer’s conduct under the Fourth Amendment’s prohibition against unreasonable seizures.
The central question is whether the amount of force used was objectively reasonable under the circumstances confronting the officer.
That determination depends heavily on the particular facts of the encounter. Relevant circumstances can include the seriousness of the suspected offense, whether the person presented an immediate threat to officers or others, whether the person was resisting arrest, and whether the person was attempting to flee.
An officer’s authority to arrest someone does not automatically give the officer authority to use any amount of force.
Examples of Potential Police Excessive Force
Excessive-force cases can arise in many different circumstances. Depending on the facts, potentially unconstitutional force may include:
- Tasering someone who does not pose an immediate threat;
- Punching, kicking, or striking someone who is not resisting;
- Using significant force against someone who is already handcuffed or restrained;
- Unnecessarily slamming or throwing someone to the ground;
- Using a police dog against someone who has surrendered or does not present a sufficient threat;
- Shooting someone who does not pose an immediate threat of serious physical harm;
- Continuing to use force after the justification for that force has ended; or
- Using substantially more force than reasonably necessary to accomplish a legitimate law-enforcement objective.
There is no rule that automatically makes a particular type of force constitutional or unconstitutional. The circumstances surrounding the use of force matter.
Can You Sue Police for Tasing You in Georgia?
Potentially.
A Taser is a significant use of force, and whether its use is constitutional depends on the circumstances. Important questions may include whether the person was resisting, whether the person posed an immediate threat, whether officers gave warnings, whether the person was attempting to flee, and whether the officer continued using the Taser after the person had been subdued.
A person does not necessarily lose an excessive-force claim simply because police had grounds to arrest them.
Excessive Force After You Are Handcuffed
Force used against a person who has already been restrained can present particularly serious constitutional concerns.
Handcuffing someone does not automatically prohibit officers from using additional force. For example, circumstances may arise where a handcuffed person continues actively resisting or poses a threat.
But once a person has been brought under control and no longer presents a meaningful threat, the justification for significant additional force may become substantially weaker.
Cases involving officers punching, kicking, Tasering, slamming, or otherwise injuring restrained individuals should be carefully investigated.
Can You Sue for Excessive Force Even If the Arrest Was Legal?
Yes.
The legality of an arrest and the legality of the force used to carry out that arrest are separate questions.
Police may have probable cause to make an arrest but still use an unconstitutional amount of force while making it. Likewise, a person may potentially have both a false-arrest claim and an excessive-force claim depending on the circumstances.
If you believe you were arrested without probable cause, learn more about your rights from our Georgia False Arrest Lawyer page.
For information about other constitutional violations involving law enforcement, visit our Georgia Police Misconduct Lawyer page.
What Evidence Is Important in an Excessive Force Case?
Evidence can disappear quickly after a police encounter. A thorough investigation may include obtaining and preserving:
- Police body-camera footage;
- Dash-camera footage;
- Surveillance and cellphone videos;
- 911 recordings and dispatch records;
- Incident and use-of-force reports;
- Photographs of injuries;
- Emergency-room and other medical records;
- Witness statements;
- Police department policies and training materials; and
- Records concerning the officers involved.
Body-camera footage can be particularly important because an officer’s written report may provide only one account of what happened.
Preserving evidence early can therefore be critical.
What Damages Can You Recover for Police Excessive Force?
The damages available depend on the circumstances of the case. A person who proves that an officer violated their constitutional rights may potentially recover compensation for injuries caused by that violation.
Depending on the facts, damages can include compensation for:
- Physical injuries;
- Medical expenses;
- Lost income;
- Pain and suffering;
- Emotional distress; and
- Other losses caused by the unconstitutional conduct.
Punitive damages may also be available against an individual officer in appropriate circumstances.
Federal civil rights law can also permit prevailing plaintiffs to recover reasonable attorney’s fees in qualifying cases.
Qualified Immunity in Georgia Police Misconduct Cases
Police officers sued under federal civil rights law frequently raise qualified immunity.
Qualified immunity can prevent an officer from being held personally liable unless the plaintiff establishes both that the officer violated a constitutional right and that the right was clearly established under the circumstances.
For that reason, identifying prior decisions involving sufficiently similar police conduct can become an important part of excessive-force litigation.
Qualified immunity does not mean police officers are automatically immune from lawsuits. It is a legal defense that must be analyzed based on the particular facts and governing precedent.
How Long Do You Have to File an Excessive Force Lawsuit in Georgia?
Civil rights claims are subject to deadlines.
Although § 1983 is a federal statute, federal courts generally borrow the applicable state’s personal-injury limitations period for these claims. Other potential federal or state claims can involve different deadlines and notice requirements.
Anyone considering a claim against law enforcement should therefore speak with an attorney promptly rather than assuming a particular filing deadline applies.
Contact Blake Weiner Law to discuss your case.
Former Federal Prosecutor Representing Victims of Police Misconduct
Attorney Blake Weiner previously served as an Assistant United States Attorney and as a federal judicial law clerk before entering private practice.
At Blake Weiner Law, civil rights litigation is a significant part of the firm’s practice. Blake has tried civil rights cases before federal juries and represents individuals challenging unconstitutional conduct by law enforcement.
His experience includes both criminal defense and civil rights litigation—an important combination because many police-misconduct cases begin with an arrest or criminal accusation.
Speak With a Georgia Excessive Force Lawyer
If you believe a police officer used excessive force against you in Georgia, Blake Weiner Law can evaluate the circumstances and determine whether further investigation is warranted.
Potential cases may involve Tasers, shootings, punches, kicks, takedowns, police dogs, force against handcuffed individuals, or other unnecessary uses of force.
Contact Blake Weiner Law to discuss what happened and whether you may have a claim.
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