Excessive force is a Fourth Amendment violation
Excessive Force - Police Brutality
Excessive Force - Police Brutality
Excessive force refers to situations where government officials legally entitled to use force exceed the minimum amount necessary to diffuse an incident or to protect themselves or others from harm. Excessive force is the use of more force than is reasonably necessary to arrest a suspect. Examples of excessive force can include: Physical force against a suspect already in custody and not resisting. The usage of a weapon against a suspect who is not armed and who the officers have no reason to suspect is armed. Police brutality is another term for excessive force.
Excessive force is also an Eighth Amendment violation
The remedy is monetary or injunctive relief under Section 1983 of the United States Code.
About Us
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.
FAQ
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.
Michael Devereux, An Elite Civil Rights Attorney
Millions of veterans have risked their lives to protect the Fifth & Fourteenth Amendment. Revolutionay war veterans thought that Due Process rights were important enought that they were the 5th Amendment to the Bill of Rights. After the civil war, the Fourteenth Amendment was created to assigned Due Process to the states, thus ending slavery.
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Michael Devereux has authored several articles on Gun Rights including this one.
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