Police Excessive Force / Wrongful Death Lawyer
Police Excessive Force, Atlanta Wrongful Death Attorney
Though for the past several years there has been a growing conversation regarding wrongful death and police officers’ use of unreasonable and excessive force against civilians, misconduct continues to be a real problem. Fortunately, you may have options for recovery if you are harmed by a police officer.
If you have been apprehended by, arrested, or otherwise were engaged with a law enforcement officer and were subsequently injured due to excessive force, then you may have a right of action for damages to compensate you for the losses suffered.
What is excessive force?… Excessive force is the application of force that is unnecessary and unreasonable given the circumstances surrounding the case at issue.
Let’s take a closer look at how an excessive force claim works.
Can You Sue Police for Excessive Force? – Yes!
Yes. Many people, including some attorneys, are misinformed and believe you cannot sue the police. That’s not true. If your rights have been violated due to police misconduct or excessive force, you may be able to seek legal action against the responsible parties and recover compensation for your damages.
Additionally, federal civil rights laws allow victims of police misconduct to sue under 42 U.S.C. § 1983. In some instances, officers do not follow proper procedures, and in such cases, their violation of standard operating procedures may constitute negligence.
For example, if a police officer uses a taser gun on you after putting you in handcuffs and subduing you, then such behavior may not only be unreasonable given the circumstances but is likely in violation of their standard operating procedures. Depending on the facts of the case, such a violation could give rise to a separate claim against the police department.
This behavior can sometimes be deadly or cause physical and mental harm to victims of excessive force. The Law Firm of Walter Gabriel seeks justice for victims of police misconduct.
We handle cases involving excessive force including, but not limited to:
- Wrongful Death
- Police Brutality
- Excessive Force
- Unlawful Shooting
- Unlawful Use of a Taser Gun or Stun Gun
- Denial of medical treatment or medication to individuals in police custody
- Injuries resulting from a police chase
- Improper restraints
- Sexual assault while in custody
Understanding Your Rights
Your Right to Fair Treatment from Law Enforcement – The Fourth Amendment to the U.S. Constitution
The Fourth Amendment states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Your Right to Sue the Government – The First Amendment to the U.S. Constitution
The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The right to petition the government for a redress of grievances includes a right to file suit in a court of law.
Evidence We Gather to Strengthen Your Case
Accessing Public Records
In Georgia and Louisiana, each state constitution recognizes a right of access to government documents. This is true across the United States. As you begin to litigate your excessive force claim, you may be able to request police documentation that establishes the narrative of what happened, and that favors your recollection of events.
Advances in technology with police-worn body cameras, police car dash camera footage, and everyday citizens’ use of cameras on their smartphones have shed a light on some extreme instances of police use of excessive force, including excessive use of a taser gun and unjustified police shootings.
Police Brutality and Wrongful Death Victims
Police misconduct and officer-involved shootings have become the subject of national headlines, across the United States – including cases in Atlanta, Georgia, and the Alexandria, Louisiana area.
One, in particular, resulted in the June 12, 2020 shooting death of 27-year-old Rayshard Brooks at a Wendy’s fast-food restaurant on University Avenue in Atlanta, GA. Video shows a police officer shooting Rayshard Brooks, an African-American, multiple times before kicking him as he lay dying.
An Atlanta police officer killed Rayshard Brooks less than three weeks after the wrongful death of 46-year-old George Floyd, an African-American man killed by Minnesota Police. Video shows Minnesota police pinned down George Floyd as he struggled to breathe. The video shows Floyd begging for his life before losing consciousness and eventually dying.
These two cases, along with the police wrongful death shooting of Breonna Taylor – a 26-year-old woman gunned down by police in Louisville, Kentucky on March 13, 2020, sparked a new wave of activism and justified calls for police reform across the United States as cases similar to these occur more than many of us know.
For instance, in Louisiana, one case, in particular, involving police brutality centered around a handcuffed 21-year-old black man killed after being shocked nine times by a white police officer in Winnfield, Louisiana. In November 2018, a Winnfield police officer tased Tanisha White – who is an African-American military veteran – in the eye. The use of excessive force and blatant police brutality in this instance tragically resulted in Tanisha White losing her right eye.
Black Lives Matter and Police Accountability
Each case mentioned above is an example of excessive force and is unique in its own right. Variables of race, age, and gender are present in each case. However, if body cameras and police dash cameras capture video of the incident, the victim’s attorney should retrieve the footage. This could provide enough evidence to override any prejudices or discrepancies that may otherwise exist in any of these cases.
If the police officer was wearing a body camera at the time that they used excessive force, you or your attorney may request footage. This footage can be critical in supporting your claim and seeking legal action against the responsible parties.
Schedule a Free Consultation with an Experienced Police Excessive Force / Wrongful Death Attorney
The Law Firm of Walter Gabriel is a personal injury firm with offices in Atlanta, Georgia, and Louisiana. However, excessive force / wrongful death lawyer, Walter Gabriel represents injured victims of police excessive force, police brutality, and wrongful death across the United States.
We have extensive experience litigating claims on behalf of those who have suffered harm in a variety of complex scenarios. This includes those that involve a law enforcement officer who has used excessive force. Wrongful death lawyer Walter Gabriel is willing and able to take such a case to trial if necessary. Our relentless approach to legal advocacy ensures that we properly represent our client’s interests at every stage. This ranges from early settlement negotiations to trial.
Ready to speak to a skilled police excessive force / wrongful death attorney about your excessive force claims? Call (404)-549-6742 or send us a message online to schedule a free and confidential consultation.
We have Experienced Police Brutality Injury Lawyers In Atlanta
The police are supposed to protect and serve, not injure or kill. Unfortunately, there are times when police officers cross the line and cause considerable harm. If you or a loved one has been harmed due to police brutality or a violation of your civil rights, contact Walter Gabriel Law for immediate legal assistance.
What’s happened to you is inexcusable. While money will not turn back time, it can change your life and provide a little bit of financial justice. Our Atlanta personal injury lawyers are prepared to help you fight to hold the government accountable and maximize your recovery.
No one should have to suffer the physical, emotional, and financial consequences of police brutality. If you’ve been harmed, we want to help you get justice. Contact us today for a free consultation with an experienced Atlanta police brutality lawyer. We’ll review your case and explain your legal options.
Why Do I Need a Personal Injury Lawyer If I’ve Been the Victim of Police Brutality?
If you’ve been the victim of police brutality, you may be wondering if you need a personal injury lawyer. The answer is yes – an experienced attorney can help you build a strong case and recover the compensation you deserve.
Here are some reasons why you need a personal injury lawyer if you’ve been a victim of police brutality:
- The government will do everything possible to minimize or justify the allegations against the officer.
- To hold the government and the offending officer accountable, you need to take a stand and be aggressive in your pursuit of compensation.
- The only way to recover the compensation you deserve is by backing your accusations with facts, solid evidence, and strong legal arguments.
- An experienced attorney knows how to navigate the complex legal process and will fight for your rights every step of the way.
If you’ve been the victim of police brutality, don’t try to tackle the case on your own. Contact an experienced Atlanta personal injury lawyer today for help.
Police brutality cases can be complex and challenging, but our experienced legal team is prepared to do whatever it takes to get you the compensation you deserve. We’ll invest whatever resources, time, and legal manpower might be necessary to maximize your recovery.
So, if you’ve been the victim of police brutality, expect us to:
- Determine whether the officer in question has a history of misconduct, civilian complaints, or department sanctions
- Find and interview anyone who might have witnessed the incident of brutality
- Gather evidence that might help to support your stories, such as social media posts, video evidence, or photographs
- Consult with experts, including former law enforcement officers, so that we can better understand and present your case.
What is Police Brutality?
Police brutality is defined to mean the “unwarranted or excessive and often illegal use of force against civilians.” Put another way, police brutality occurs when a police officer harms a civilian or violates their rights by exercising more force than is necessary under the circumstances.
In Atlanta, police brutality can manifest in a lot of different ways. Examples include:
- Assault and battery
- Wrongful death
- False imprisonment
- False arrests
- Sexual misconduct
- Emotional abuse, and
- Physical threats.
Under federal law, police brutality is illegal. That’s because, under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures by the government. This includes protection from excessive force by law enforcement officers. When an officer uses more force than is necessary to apprehend or control a suspect, it may be considered police brutality.
There have been many recent cases of police brutality in Atlanta. In 2016, for example, an Atlanta police officer was caught on video punching a woman in the face while she was being restrained by another officer. The officer was subsequently charged with battery and fired from the force.
If you believe that you have been a victim of police brutality, it is important to contact an experienced attorney who can help you protect your rights. victims of police brutality often have legal options available to them, including filing a civil rights lawsuit. An experienced attorney can help you understand your rights and options and fight for the justice you deserve.
What is Excessive Force?
Excessive force is a difficult concept to define, as the amount of force necessary for an officer to do his job can vary from one situation to another. However, the Supreme Court has acknowledged that some degree of physical coercion or threat is necessary to make an arrest or investigatory stop. In other words, using force is a necessary component of a police officer’s job.
There are still instances where officers may use more force than is necessary. When this happens, it is often referred to as excessive force. Excessive force can be defined as any action taken by an officer that goes beyond what is reasonably necessary to achieve a legitimate law enforcement purpose.
Many factors can contribute to an officer using excessive force, such as the severity of the crime, the resistance of the suspect, and the threat to public safety. Excessive force is often a matter of perspective, and what one person may deem as excessive may not be seen as such by another.
Police officers are taught to follow the “Use-of-Force Continuum.” This is an approach that helps to ensure that excessive force is not used. Strategies in the continuum include physical presence, verbalization, empty-hand control, and less lethal methods.
Excessive force is defined as any force greater than what is necessary to achieve a lawful purpose. It can be difficult to determine what is considered excessive, as it often depends on the specific situation. However, some general guidelines can be followed.
In general, officers should only use the amount of force necessary to achieve the desired result. If an officer believes that more force is needed, he or she must first attempt to de-escalate the situation. This may involve using verbal commands or other non-threatening strategies. Only if these methods fail should the officer resort to using physical force.
When using physical force, officers must consider the severity of the situation and the suspect’s resistance. For example, an officer may need to use more force to subdue a violent suspect than a non-violent one. Additionally, the amount of force used should be proportional to the amount of resistance offered by the suspect.
Excessive force is a serious issue, as it can lead to injuries or even death. Officers need to understand when and how much force to use to avoid crossing the line into excessive force.
If you feel that you have been a victim of excessive force, it is important to contact an experienced attorney who can help you understand your rights and options.
How Common is Police Brutality?
Police brutality is a tragic and unfortunately common occurrence in the United States. In 2019, 1,099 people were killed by police officers nationwide. This averages out to nearly three deaths per day.
Georgia is no stranger to police brutality either. Between 2013 and 2019, 265 people in the state died at the hands of excessive force by police officers. Of those deaths, 52 occurred in Fulton County and DeKalb County alone.
Most of these deaths were caused by gunshot wounds. However, asphyxiation and being struck by a police officer are also leading causes of death in cases of police brutality.
No one should have to fear for their life when interacting with the police. But sadly, this is the reality for many people in the United States. If you or someone you know has been a victim of police brutality, it’s important to seek legal help. An experienced attorney can help you get the justice and compensation you deserve.
Atlanta Pays Millions to Settle Police Brutality Cases
Over the last three years, Atlanta has paid out nearly $4 million to settle cases involving police brutality. This figure comes from a review of city records by the Atlanta Journal-Constitution, which found that the city had agreed to pay 22 settlements totaling $3.9 million between 2015 and 2017.
Most of the cases involved allegations of excessive force, with several involving claims that officers used Tasers or stun guns inappropriately. In one case, a man who was left paralyzed after being shot by an officer during a traffic stop settled for $1.5 million.
While some of the cases resulted in officers being disciplined or fired, many others did not. This lack of accountability has led to concerns that police brutality in Atlanta is not being taken seriously enough.
If you or someone you know has been a victim of police brutality in Atlanta, it is important to know that you have legal options. An experienced attorney can help you fight for the compensation you deserve.
What Do I Have to Prove If I Want to File a Police Brutality Lawsuit in Atlanta?
If you want to file a police brutality lawsuit in Atlanta, you’re going to have to prove that the officer in question broke the law or violated your civil rights. This can be difficult to do, but it’s not impossible.
If you have video footage of the incident, that will help prove your case. If you don’t have video footage, you’ll need to find witnesses who saw what happened and are willing to testify on your behalf.
If you’re considering filing a police brutality lawsuit in Atlanta, it’s important to understand what kind of evidence you’ll need to provide to be successful.
Video footage of the incident, photographs, eyewitness testimony and statements, medical reports, and demonstrating that the officer in question has a history of misconduct are all pieces of evidence that can help build a case.
To hold a police officer accountable, you’ll need to be able to present solid evidence that supports your allegations. If you’re able to do this, you may be able to receive compensation for the injuries and trauma you’ve suffered.
Keep in mind that even if you can prove that the officer broke the law or violated your civil rights, they may still be protected by qualified immunity. Qualified immunity is a legal doctrine that shields government officials from being sued for actions they took while performing their duties.
How Long Do I Have to File a Police Brutality Lawsuit in Georgia?
If you’ve been the victim of police brutality in Georgia, you may be wondering how long you must file a lawsuit. The answer depends on several factors, including whether the government is a defendant in your case.
In general, personal injury cases in Georgia are subject to a statute of limitations. This means that you have a limited amount of time to file a lawsuit and demand compensation. For most personal injury cases, the deadline is two years from the date of the incident.
However, if you intend to include the government as a defendant in your suit, you’ll have to act fast. Government claims are subject to accelerated timelines. In many cases, you’ll only have six months to file a lawsuit.
If you’re not sure whether the government is a defendant in your case, it’s important to speak with an experienced attorney as soon as possible. An attorney can help you understand the deadlines that apply to your case and ensure that your rights are protected.
Don’t wait to get help if you’ve been a victim of police brutality. Contact an experienced attorney today to learn more about your legal options.
Our Atlanta Police Brutality Lawyers Are Here to Help
If you or a loved one have been the victim of police misconduct or brutality in Atlanta, Georgia, the experienced personal injury lawyers at Walter Gabriel Law are here to help. We understand how difficult this time can be and we are committed to fighting for the justice and compensation you deserve.
Whether you’ve been injured or lost a family member, we can help you file a police brutality claim and pursue compensation. We have extensive experience handling these types of cases and we know what it takes to build a strong case. Give our Atlanta police misconduct lawyers a call today to schedule a free consultation. We will review your case and explain your legal options so that you can make an informed decision about how to proceed. Don’t suffer in silence, we are here to help. Call our Atlanta police brutality lawyers today.
How Much Will My Atlanta Police Brutality Case Cost?
No one should have to suffer at the hands of police brutality. If you or a loved one has been the victim of such an act, you may be wondering how much an Atlanta police brutality case will cost. The unfortunate reality is that these cases can be very expensive, especially if they go to trial.
Several factors will affect the cost of your case, including the severity of your injuries, the amount of damages you are seeking, and whether you decide to hire a lawyer. If you choose to hire a lawyer, their fees will typically be charged on a contingency basis. This means that they will only receive a payment if they win your case.
While there is no guarantee that you will win your case, hiring a lawyer can increase your chances of success. If you are considering pursuing an Atlanta police brutality case, contact a qualified attorney today to discuss your options and find out how much it may cost.
How Long Will My Atlanta Police Brutality Case Take?
No two police brutality cases in Atlanta are alike, and therefore it is difficult to estimate how long each case will take. However, some general factors can affect the length of time it takes for a case to be resolved.
One factor that can impact the duration of a police brutality case is the severity of the victim’s injuries. If the victim has suffered life-threatening or permanent injuries, it may take longer for the case to be resolved. Additionally, if there are multiple victims involved in the incident, this can also lengthen the process.
Another factor that can affect the timeline of a police brutality case is whether the incident was captured on video. In many cases, footage from body cameras or dashboard cameras can help determine what happened and who was at fault. However, if no video footage is available, it may take longer to investigate the case and gather evidence.
Finally, the complexity of the case can also affect its timeline. If there are multiple defendants or witnesses, or if the incident occurred in multiple jurisdictions, it may take longer to resolve the case.
If you have been a victim of police brutality in Atlanta, it is important to speak with an experienced attorney who can help you understand your rights and options. An attorney can also help you navigate the legal process and ensure that your case is resolved as quickly and efficiently as possible.