Santa Rosa Excessive Force Lawyer

Law enforcement has a difficult job and sometimes they need to use a little force to control the situation. But sometimes they exceed the scope of the force they are allowed to use which can lead to injuries or even death. If you or a loved one were the victims of excessive force/police brutality, the Santa Rosa excessive force lawyer at the Law Office of Kasra Parsad may be able to help you recover financially. We can help with the legal process by answering your claims-related questions and helping you obtain the compensation you deserve.

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Excessive Force

Police commit misconduct when they use excessive force during a detention or arrest. The most common excessive force or police brutality cases occur when a police officer uses force in the course of a detention, arrest, traffic stop, or other investigatory stop. The Fourth Amendment requires that a seizure be reasonable. The use of force exceeding the scope of an officer’s lawful duties can render a seizure unreasonable, which in turn, violate’s a person’s Fourth Amendment Rights. This means when law enforcement violated your Fourth Amendment rights, our Santa Rosa excessive force lawyer can help you hold the officer responsible for any harm caused.

Common Examples of Excessive Force

Any person can be subject to excessive force or police brutality by law enforcement. In California, about 250 gunshot injuries occur each year during police encounters, and more than half of these are fatal. But it should be noted that in 80% of deaths and gunshot injuries resulting from law enforcement encounters, civilians were armed with a weapon, thereby highlighting the dangerous position police officers are placed in daily. Some common examples of excessive force and police brutality include:

      • Shootings
      • Tasers
      • Batons
      • K-9 police dogs
      • Takedowns
      • Personal body weapons
      • Pepper spray
      • Chokeholds
      • Rubber bullets/beanbags

These are some of the common ways law enforcement can use excessive force. If you think law enforcement acted outside of the scope of their duties, contact the Santa Rosa excessive force lawyer at the Law Office of Kasra Parsad to determine whether you have a valid claim. 

Officers Can Only Use Force As Is Reasonably Necessary

In California, law enforcement can only use as much force as is reasonably necessary to make an arrest. Factors the court will consider are:

    • the victim reasonably appeared to pose an immediate threat to the officer or others,
    • the seriousness of the crime at issue, and
    • whether the victim was resisting arrest or trying to get away.

Law enforcement can be charged with a crime when they deploy deadly force on someone. California’s enactment of Assembly Bill 392 made this easier. Under the old law, law enforcement could only use deadly force when it was reasonable under the circumstances. Now, law enforcement can only use deadly force when it is necessary. A court will consider the officer and the victim’s actions preceding the fatal encounter.

California enacted sweeping police reform laws in recent years. In 2021, a new law prohibited law enforcement from using chokeholds. In 2022, California outlawed any procedures that involve a substantial risk of positional asphyxia. Also in 2022, California enacted a law that prohibits law enforcement from using tear gas or rubber bullets to disperse crowds, except to defendant against threats to life, serious bodily injury, or to bring a dangerous and unlawful situation under control.

 

The Fourth Amendment Protects Against Excessive Force

The Fourth Amendment of the U.S. Constitution in its entirety states:

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.

Violations of the Fourth Amendment often rise when law enforcement uses excessive force. When an officer arrests or detains an individual, the person is “seized” for purposes of the Fourth Amendment. If an officer used excessive force to effectuate that arrest or detention, the seizure is unreasonable. If your Fourth Amendment rights were violated by the government through excessive force, the Santa Rosa excessive force lawyer at the Law Office of Kasra Parsad may be able to vindicate your rights by filing a civil rights lawsuit. 

A Civil Rights Lawsuit Can Remedy Excessive Force

You may be able to file a civil rights lawsuit if you suffered injuries from excessive force or some other form of police brutality. Our Santa Rosa excessive force lawyer can file a section 1983 lawsuit on your behalf for violations of your civil rights in federal court, or a Tom Bane Civil Rights Act lawsuit for violation of your civil rights in California state court. 

What Damages Can I Recover?

Like personal injury lawsuits, victims of excessive force or police brutality are entitled to compensation. These damages can be characterized as economic and noneconomic damages.

Economic Damages

    • Past/future medical expenses
    • Lost past income
    • Decreased ability to earn income in the future
    • Household help, services and expenses
    • Property damage

Noneconomic Damages

    • The extent/nature of the injury;
    • Disability, disfigurement and loss of enjoyment of life; 
    • Mental, physical, and emotional suffering; and
    • Loss of companionship between parents and children.

How Can a Santa Rosa Excessive Force Lawyer Help?

It can be scary being a police officer in today’s world. We understand they may have to use some force in controlling a situation.  But at our firm, we believe you and your family should not have to accept being subjected to excessive force without a fight. You and your loved ones deserve justice, answer, closure, and the right compensation when the government uses excessive force or brutal police tactics in violation of your civil rights. The Law Office of Kasra Parsad can help explain the requirements and guide you throughout the process. As soon as possible, you’ll want to contact our Santa Rosa excessive force lawyer to assess your options. You never know how a competent lawyer may be able to help you, so there is nothing to lose by getting in touch with our office. Our complimentary consultation comes at no cost and we work diligently on your behalf.

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