New Mexico Excessive Force Attorneys
Protecting Your Rights After Unlawful Use of Force
Police officers often face challenging circumstances in the course of their daily duties, and they receive training in de-escalation tactics and other strategies to avoid using force during interactions with the public. While officers have some leeway to use force to detain, restrain, or apprehend someone, there are limits to when and how an officer can use that force. When reasonable force crosses the line into police brutality, such as police shootings or physical assaults, the victim may be entitled to compensation.
At Kennedy Law Firm, our attorneys are here to help victims of excessive force and police brutality seek justice and hold officers accountable for their behavior. Explore your legal options and determine if you have a case when you call (505) 588-5716 and schedule a confidential consultation.
What Is Excessive Force?
The excessive use of force by police officers and other government agents is a civil rights issue that generally involves the U.S. Constitutional protections of the Fourth Amendment. Excessive force is usually defined as any force used by a law enforcement officer that goes above what is reasonably necessary given the circumstances. It’s important to note that the force does not necessarily have to result in severe injury or death to be considered excessive.
There are several factors to consider when determining if the force was excessive. These include:
- Whether the other person was armed
- Whether they were resisting arrest or attempting to flee from officers
- The type of crime the person was suspected of committing
- Whether there was an immediate threat to officers or the public
When making these determinations, the law also allows for consideration of the totality of the circumstances. In a civil case, this means that the jury or judge is allowed to weigh all of the factors together to determine if excessive force was used. Excessive force lawsuits can be filed in federal or state court, depending on the circumstances.
How Do You Prove Excessive Force?
Police misconduct cases, including those involving excessive force, have been notoriously difficult for decades. As a result, you need to have an experienced civil rights law firm representing you. When you sue police officers or the police department for excessive force, you must show that the officer acted in an objectively unreasonable way. This means that your case generally involves two parts: illustrating that the officer’s actions were not reasonable given the circumstances and showing what a reasonable officer would have done in that same situation.
Evidence in these cases often includes witness testimony from bystanders or other officers who witnessed the interaction, as well as official documentation such as medical records that can illustrate the severity of the victim’s injuries. However, in recent cases, video evidence is often a key part of an excessive force case.
Nearly everyone is walking around with a video camera in their pocket these days, thanks to the prevalence of cell phones. When there are recordings of the interaction between the victim and the police, it can make it easier to determine if excessive force was used. Many police departments now require officers to have body cameras on when interacting with the public, which also helps hold law enforcement accountable for their actions and provides critical evidence when something goes wrong.
Your attorney may also use other evidence, such as police reports, internal investigation records, and eyewitness testimony from experts in law enforcement standards, to build your case.
What If the Excessive Force Happened During an Arrest?
Being arrested for a crime, even if you were guilty, doesn’t change your civil rights. Officers can and should be held accountable for the level of force they use, even when that force is part of a criminal arrest. In the court system, the legality of the arrest and the level of force used by the officer are separate subjects.
Officers may indeed need to use force on some occasions, such as restraining someone who is violently resisting arrest. However, the force should be proportional to the situation and be objectively reasonable. If an officer continues to use force after a person is restrained and under the officer’s control, this could be excessive. Continued use of force when there is no longer a threat to the officer’s or the public’s safety is another common excessive force situation.
It’s important to understand that someone resisting arrest doesn’t give the officer free rein to use whatever force they want. It can be a factor in the determination, but officers must use reasonable force and follow the proper standards even when someone resists arrest.
How Long Do You Have to File a Civil Rights Violations Lawsuit for Excessive Force?
Under the New Mexico Civil Rights Act, you generally have three years to file a civil rights lawsuit. However, this timeline shortens significantly when the defendant is a law enforcement officer or police department. In this situation, you only have one year from the time of the incident to file your claim. This is a tight turnaround, especially when the victim may be incarcerated, dealing with other criminal charges, or recovering from injuries.
It’s critical to speak with an attorney as soon as possible after you are involved in a situation where you believe an officer used excessive force. A lawyer can determine if you have a claim and what court it needs to be filed in, start collecting and preserving evidence, and advocate on your behalf.
What Should You Do If You Were a Victim of Police Misconduct?
If you were a victim of excessive force by a police officer, it’s normal to be confused about your options or unsure of what to do next. Once you’re safe, it’s important to:
Understand Your Rights
Police officers are not above the law. You have constitutional rights that protect you from excessive force, including situations in which you may have been arrested for a crime. Police misconduct and excessive force are unacceptable, and you can take action.
Document as Much as Possible
As soon as you are safe and able to do so, write down everything that happened that you can remember, and be as detailed as possible. It can be difficult to remember these details later, but things like the officer’s badge number or a physical description can be key to identifying who was involved. Get copies of medical records documenting your injuries, police reports, and any other documentation that may be relevant to your case.
Contact an Excessive Force Lawyer
The sooner you discuss your case with a civil rights attorney, the better. Our firm can help you determine whether your rights were violated, how federal and state statutes may apply to your case, and start securing evidence, such as body camera footage, as soon as possible.
Call Kennedy Law Firm at (505) 588-5716 today to learn more.
