Title 42, of the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law. The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force. Excessive Force Excessive force claims receive the most publicity, perhaps because the results of excessive force seem the most outrageous, involving serious physical injury or death. Whether the officers use of force was reasonable depends on the surrounding facts and circumstances. The officers intentions or motivations are not controlling. If the amount of force was reasonable, it doesnt matter that the officers intentions were bad. But the reverse is also true: if the officer had good intentions, but used unreasonable force, the excessive force claim will not be dismissed. Reasonable force can be determined by simply calculating the assumption of risk and mirroring the defensive actions of the police officer. In a case like this, the officer had no assumption of risk, the victim was not threatening or using any force towards the police officer. This is a case where the victim has every right to take this video tape to civil court, contact his states Attorney General and file a complaint, as well as send all medical bills to the police officer that may have resulted from the tazing and are related to his heart condition.
Posted on: Wed, 13 Aug 2014 20:46:28 +0000
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