Excessive force is a Fourth Amendment violation
Michael Devereux is a highly respected civil rights attorney in Los Angeles. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of civil rights, including excessive force and police brutality make Mr. Devereux an elite constitutional law attorney. Mr. Devereux started his own firm in 2004 after working for the Cochran Firm, and assisting with the Robert Blake and Michael Jackson defense teams under Thomas Mesereau. As the sole proprietor of Wexford Law, Mr. Devereux has been successfully representing clients for close to 20 years in respect to the constitutional law and civil rights. Former clients, their family and friends repeatedly return to Wexford Law for help in matters involving civil rights. Mr. Devereux loves taking on the federal government and the State of California in constitutional law matters.
Excessive force refers to situations where law enforcement legally entitled to use force exceeds the minimum amount necessary to diffuse an incident or to protect themselves or others from harm. This can come up in different contexts, such as when handling prisoners or even during military operations. When it involves law enforcement, especially during an arrest, it's also referred to as police brutality.
The constitutional right to be free from excessive force is found in the reasonable search and seizure requirement of the Fourth Amendment and the prohibition on cruel and unusual punishment in the Eighth Amendment.
The Supreme Court has recognized that "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat." The amount of force used must be proportional to the threat and escalate only in response to the threat.
There is no difference between the term excessive force and police brutality. However, excessive force is the proper term such as might be used in the wording of a statute, in court, in a police department procedures manual, in a media report, or in proper conversation. Police brutality is a term used to emotionally charge the audience.
We have been very pleased with our experience with the Wex Law. Although we did not actually go to court, I felt that Mike was more than ready to fight his best for us. Our whole experience with all of the staff was very easy and enjoyable. Thank you for your work!
I am so glad we chose Wex Law firm to represent us. We were in a very bad legal situation. We were treated like family and were kept involved every step of the way. Thank you all who were involved in one way or other working our case!
Michael and his staff were great with making us feel comfortable during the process. They kept us updated on our case progress and were very helpful with all of the paperwork we needed to complete. We are very pleased with the outcome of everything.