Police brutality is a pressing issue that continues to plague communities across the nation. While law enforcement plays a vital role in maintaining order and ensuring public safety, instances of excessive force and misconduct can erode trust and lead to serious injury or wrongful death. At Mitchell S. Sexner & Associates LLC, we are deeply committed to holding law enforcement accountable for their actions. In this comprehensive blog, we will address key aspects of police brutality, including when force can be used, common examples of misconduct, legal remedies, and how we can help you seek justice.
What is Police Brutality?
Police brutality refers to the use of excessive or unnecessary force by law enforcement officers against civilians. This misconduct can take many forms, including physical violence, psychological intimidation, sexual abuse or even lethal force in situations that do not justify it. Police brutality often disproportionately affects marginalized communities, but it can impact anyone, regardless of race, gender, or socioeconomic status.
In the United States, police officers are entrusted with great power to enforce laws, but this power must be exercised responsibly. Instances of police brutality not only violate individual rights but also undermine the principles of justice and equality that our legal system is built upon. Victims of police brutality often face physical injuries, emotional trauma, and in some cases, loss of life, leaving their families and communities devastated.
When Can Police Use Force?
Police officers are trained to use force as a last resort and only when it is necessary to protect themselves or others. However, the law recognizes that officers may need to use different levels of force depending on the situation. Here’s an overview of the legal framework governing the use of force by law enforcement:
Levels of Force
- Non-Deadly Force: Includes techniques such as verbal commands, handcuffing, and the use of physical restraint. This is generally permissible when an individual resists arrest or poses a minimal threat.
- Intermediate Force: Tools like tasers, pepper spray, and batons fall into this category. These may be used when a suspect poses a greater threat but not one that justifies deadly force.
- Deadly Force: Defined as force that has the potential to cause death or serious bodily harm, such as the use of firearms. Deadly force is only permissible in very limited specific circumstances.
When is Deadly Force Allowed?
Deadly force is allowed when:
- An officer reasonably believes that their life or the life of another person is in imminent danger.
- The suspect poses a significant and immediate threat of death or serious physical harm to others (e.g., a fleeing violent felon who is armed and dangerous).
However, determining what is "reasonable" can be subjective and is often a central issue in police brutality cases. Courts evaluate the use of force based on the totality of circumstances, including the severity of the alleged crime, the threat posed by the suspect, and whether the suspect was actively resisting arrest.
What are Some Common Examples of Police Brutality?
Police brutality manifests itself in various forms, including:
- Excessive Physical Force: Beatings, chokeholds, or other violent methods used without justification.
- Unlawful Use of Firearms: Shooting unarmed suspects or using lethal force in non-threatening situations.
- Wrongful Arrests: Arresting individuals without probable cause or violating their constitutional rights.
- Sexual Misconduct: Instances of sexual assault or harassment by officers.
- Racial Profiling: Targeting individuals based on race or ethnicity rather than evidence.
- Denial of Medical Care: Failing to provide medical assistance to injured suspects or detainees.
- Use of Restraints Leading to Injury: Misuse of handcuffs, tasers, or other devices resulting in physical harm.
Each of these acts constitutes a breach of duty and can have long-lasting or even deadly consequences for victims.
Who Can Be Sued for Police Brutality?
Victims of police brutality can take legal action against any number of parties, including:
- Individual Officers: If an officer personally engages in misconduct, they can be held personally liable for their actions.
- Police Departments: Departments can face lawsuits for negligent hiring, inadequate training, or failure to supervise officers properly.
- Municipalities: Under certain circumstances, the city, municipality or county (such as Chicago or Cook County) that oversees a police department can be held responsible for systemic issues that lead to misconduct.
- Police Supervisors: Higher-ranking officers may be liable if they fail to prevent known patterns of abuse or misconduct.
It is important to understand that suing law enforcement is complex. Defendants in these cases often have access to significant resources and legal protections, such as qualified immunity, which may shield officers from liability in many situations.
What is my Police Brutality Case Worth in Illinois?
Depending on the violation and whether physical injury or death was involved, results vary greatly. These cases highlight significant instances of alleged police misconduct in Illinois which lead to substantial settlements and ongoing discussions about police practices and accountability.
- Four men, known as the Marquette Park Four, were wrongfully convicted as teenagers for a 1995 double murder. They alleged that Chicago police detectives coerced false confessions through physical and psychological abuse. Just this year, the Chicago City Council approved a $50 million settlement, marking the largest police misconduct settlement in the city's history.
- An unarmed 18-year-old was fatally shot in the back by Chicago police officers after a car chase involving a stolen vehicle. The city of Chicago later settled this wrongful death lawsuit for $2.25 million
- Laquan McDonald, a 17-year-old, was shot 16 times by Chicago police officer Jason Van Dyke resulting in a $5 million settlement to McDonald's family, prior to the release of dashcam footage showing the shooting.
- A security guard was fatally shot by a Midlothian police officer while that guard was in the process of detaining a suspect. The City of Midlothian later reached a $7.5 million settlement with his family.
- Former Chicago Police Commander Jon Burge and his detectives were accused of torturing over 200 suspects, primarily African American men, to coerce confessions between 1972 and 1991. Many years later, he city of Chicago later approved a $19.8 million settlement with some of the men who claimed abuse by Burge and his team.
- Five teenagers, known as the Dixmoor Five, were wrongfully convicted in 1991 for the rape and murder of a 14-year-old girl in Dixmoor, Illinois. They alleged that police coerced false confessions. Over 20 years later, they reached a $40 million settlement with the state of Illinois, the largest wrongful conviction settlement in state history.
What are Examples of Police Brutality Case in other States?
Here is a list of some representative settlements and lawsuit verdicts filed against other police departments, cities and municipalities in other states across the country alleging misconduct or police brutality, along with their monetary outcomes:
Minneapolis, Minnesota -- $27 million
George Floyd died after Officer Derek Chauvin knelt on his neck for over nine minutes during an arrest, leading to widespread protests and calls for police reform.
Louisville, Kentucky -- $12 million
Breonna Taylor was fatally shot during a botched police raid at her apartment, raising concerns about no-knock warrants and police accountability.
Ferguson, Missouri -- $1.5 million
The shooting death of Michael Brown by a police officer led to nationwide protests and discussions on racial profiling and police use of force.
Waller County, Texas -- $1.9 million
Sandra Bland was found dead in her jail cell after a controversial traffic stop and arrest, leading to questions about her treatment in custody.
North Charleston, South Carolina -- $6.5 million
Walter Scott was shot in the back while fleeing a traffic stop, with the incident captured on video contradicting the officer's initial account.
Baton Rouge, Louisiana -- $4.5 million
Alton Sterling was shot while pinned to the ground by police officers, with the incident captured on video and sparking public outcry.
Sacramento, California -- $2.4 million
Stephon Clark was shot in his grandmother's backyard, with officers mistaking his cellphone for a weapon.
Aurora, Colorado -- $15 million
Elijah McClain died after being placed in a chokehold and injected with ketamine during a police encounter.
Rochester, New York -- $12 million
Daniel Prude died of asphyxiation after police placed a hood over his head and pressed his face into the pavement during a mental health crisis.
Tacoma, Washington -- $4 million
Manuel Ellis died from oxygen deprivation while being restrained by police, with witnesses alleging excessive force.
East Pittsburgh, Pennsylvania -- $2 million
17-year-old Antwon Rose II was shot in the back while fleeing a traffic stop, leading to debates over the use of deadly force.
Baltimore, Maryland -- $6.4 million
Freddie Gray died from spinal injuries sustained while in police custody, allegedly due to a "rough ride" in a police van without proper restraints.
Cleveland, Ohio -- $6 million
12-year-old Tamir Rice was shot by police while playing with a toy gun in a park, sparking debates over police use of force against minors.
Do I Need a Lawyer to File a Police Brutality Lawsuit?
If you want any reasonable chance of success, then the short answer is “yes”, it is highly advisable. Police brutality cases are notoriously challenging due to the complexity of the laws involved and the aggressive defense mounted by law enforcement agencies by their high-powered law firms that represent them. Here’s why hiring an equally experienced and successful legal team is essential:
- Navigating Complex Laws: Laws governing police misconduct, including civil rights statutes like Section 1983 of the Civil Rights Act, are intricate and require specialized knowledge.
- Challenging Qualified Immunity: Many officers claim qualified immunity, a legal doctrine that protects them unless their actions violate "clearly established" law. Overcoming this defense requires skill and expertise.
- Collecting Evidence: Building a strong case involves the immediate gathering of police reports, body camera footage, eyewitness testimony, and expert opinions before evidence disappears or is lost.
- Negotiating and Litigating: Police departments often employ aggressive legal strategies to defend against claims. Only the most experienced attorneys know how to counter these tactics effectively.
At Mitchell S. Sexner & Associates LLC, we understand the uphill battle victims face and are committed to fighting tirelessly on their behalf.
How Can Mitchell S. Sexner & Associates LLC Help Me?
Our firm has extensive experience handling police brutality cases. Over the years, our affiliated attorneys have helped successfully secure millions of dollars in compensation for our deserving clients. Here’s what sets us apart:
- Proven Track Record: Our affiliated attorneys have a history of winning cases against powerful entities, including law enforcement agencies and other governmental entities.
- Personalized Attention: We treat every client as an individual, not just a case number. Our team listens to your story and tailors our approach to your situation.
- Aggressive Advocacy: We don’t back down in the face of opposition. We expect it and meet it head-on. Our attorneys are skilled negotiators and formidable litigators.
- Comprehensive Support: From filing claims to representing you in court, we handle every aspect of your case so that you can focus on healing.
If you or a loved one has been a victim of police brutality, you don’t have to face this fight alone. We are here to help.
Call Us for Free Confidential Information Now
At Mitchell S. Sexner & Associates LLC, we believe everyone deserves justice. That’s why we offer free, confidential consultations to discuss your case and outline your options. Here’s why you should reach out to us today:
- Knowledgeable Team: Our legal professionals are highly skilled in this area and have a strong track record of success.
- No Fees Unless We Win: You don’t pay anything unless we secure compensation for you.
- Confidential Conversations: Your privacy is our priority, and all consultations are strictly confidential. We deal with a wide variety of people including those who have been sexually assaulted by police officers, so our attorneys always strive to be compassionate and understanding.
- 24/7 Availability: We’re here when you need us most. Call us anytime.
- Nationwide Affiliated Attorneys: Mitchell S. Sexner & Associates LLC is affiliated with nationally known, highly successful police brutality and police misconduct attorneys all across the country.
Police brutality is a serious violation of your rights, and you deserve justice. Contact us today at (312) 644-0444 to learn how we can help you take the first step toward holding those responsible accountable. Together, we can fight for a brighter, safer future.