Excessive force by police (also known as “police brutality”) consists of use of force greater than amount of force police reasonably believe needed to deal with the situation at hand. Excessive force by police can range anywhere from a simple assault to death. Police use of excessive force (or police brutality), in and of itself, is not a defense to a criminal charge. Police use of excessive force does, however, give rise to a law suit against the police. And it may be relevant in determining whether the arrested individual is actually guilty of what he is charged with.
Excessive force can support a law suit under New Jersey law, under federal law, or both. The New Jersey foundation can arise under the New Jersey Tort Claims Act. Another New Jersey foundation is the New Jersey Constitution itself. The federal foundation is the United States Civil Rights Act. The statutory reference for that Act is 42 U.C.S. Section 1983.
Excessive force (police brutality) cases are not easy cases. They take a long time and they are typically defended vigorously. Increasingly, however, video showing police use of excessive force enables victims to prove their case.
In terms of attorney's fees, police excessive force cases are expensive. However various laws specify that a successful plaintiff can recover his legal fees from the government. This “fee shifting” often puts suing the police economically within reach where, without it, legal fees would be prohibitive.
Criminal Lawyers in New Jersey™ handle excessive force / police brutality cases. They are selective in what excessive force cases they will accept because of their need for high confidence of an eventual successful outcome. Criminal Lawyers in New Jersey™ routinely consider excessive force issues in the criminal defense matters they handle. Regardless, if you have an excessive force claim, Criminal Lawyers in New Jersey™ would welcome the opportunity to review your situation.
Trial Transcript | Jobs and Internships
Abandoned Cars | Appeals | Arson | Assault | Bad Checks | Bribery | Burglary
CDS in Vehicle | Cell Phones | Child Pornography | Cocaine | Computer Crimes
Conditional Dismissal | Conspiracy | Credit Card Fraud | Drug Crimes | DWI/DUI
Eluding | Endangering | Entrapment | Evidence | Expungements | False Swearing
Federal Appeals | Federal Crimes | Fictitious Reports | Forgery | Graves Act | Gun Law
Hazing | Homicide | Identity Theft | Insurance Fraud | Invasion of Privacy | Jury Service | Juvenile Delinquency
Kidnapping | Leaving the Scene | Lewdness | Mail Fraud | Manslaughter | Marijuana | Megan's Law
Miranda Warnings | Money Laundering | Municipal Court | Murder | NERA | No Insurance | Official Misconduct
Peeping Tom | Perjury | Point Assessments | Police Misconduct | Possession | Prostitution
PT I | Receiving Stolen P'ty | Red Light Cameras | Refusals | Resisting Arrest | Revoked List | Robbery
Sexual Assault | Shoplifting | Stalking | Street Crimes | Tax Crimes--Federal | Tax Crimes--NJ
Terroristic Threats | Theft | Theft by Deception | Theft of Services | Traffic Offenses
Unauth'd Prac Law | Underage Drinking | Underage Gambling | Urinating in Public
Vehicular Homicide | Violation of Probation | Weapons Possession | White Collar Crimes | Wire Fraud
Discrimination | Domestic Violence | Drivers Licenses | Excessive Force | Freedom of Speech
Personal Injury | Whistleblowers
Case Review | Super Links | Toppings Extra | Directions | Parking | PGP Public Key
The Bottom Line