Police brutality can come in varying degrees and is often traumatic or life-altering for the victim. Ohio citizens should not have to face harassment or abuse from our law-keepers, but police misconduct still happens. By way of definition, police brutality is the unwarranted or excessive use of force by police officers against civilians. Tragically, many deaths and injuries of unarmed civilians are caused by our country’s law officers abusing their power.
If you or a loved one have been a victim of police brutality or mistreatment from an Ohio police officer, you can fight for your civil rights and receive compensation for the pain and suffering you endured. The legal team at the Cochran Firm Cleveland has the resources and experience to help our clients restore their dignity and recover from the pain and personal loss caused by an excess of police force.
Learn more about filing a Cleveland police brutality case and what the attorneys at the Cochran Firm Cleveland can do to help you win your case.
Police Brutality Claims and Lawsuits
The use of excessive force by police is grounds for lawsuits against the offending officers and even their employment municipality. For a case to hold up in court, the plaintiff must prove the overuse of force by the officers involved. At the same time, the officer will try and prove why they acted as they did and why the amount of force used was necessary.
Police have different levels of force they may use in a confrontation:
- Physical presence: Sometimes, the presence of a police officer can keep crime from occurring.
- Verbalization: Statements, requests, to orders may be given to citizens by a police officer.
- Empty-hand control: Bodily force like punches and grabs may be used on a citizen.
- Less lethal methods: An officer may use weapons like stun guns, batons, and chemical sprays.
- Lethal force: The use of firearms by police, whether or not they result in loss of life.
How Is Police Brutality Defined?
When force is required, police officers should only use a level of force appropriate for the situation. Therefore, police brutality or excessive force occurs when an officer uses a level of force higher than the level required by the situation.
With this definition in mind, any of the previously listed levels of force could be defined as an overuse of power. Depending on the context of the situation involving the plaintiff, a case may be made against the offending police officer. Severity may also be determined based on how the victim was affected physically and emotionally. Specific examples of police misconduct may look like:
- Verbal harassment
- Physical injury
- Racial profiling or discrimination
- Intimidation
- Property damage
- Wrongful death
- Attacking an inmate
- Sexual assault
- Shootings
- False arrest
- Evidence tampering
- Forced confession
- Overuse of tasers, nightsticks or other arms
How a Cleveland Police Brutality Attorney Can Help You
Police brutality cases, in many ways, can be left up to the interpretation of events. The legal team at The Cochran Firm Cleveland has experience guiding successful cases involving excessive force. Your case will be investigated to determine the circumstances around the force used by the police and the outcome.
Our police brutality attorneys in Cleveland will thoroughly research your case in order to accurately and aggressively fight for the compensation you deserve. From there, the courts will analyze many factors in order to decide your case. Generally, courts may look at the following factors when deciding on the overuse of police force case:
- The severity of the crime committed
- Whether the safety of the police officer or others was threatened
- If the individual was resisting arrest or trying to flee the scene
- If there were other alternatives available to the police officer
- Whether warnings were provided that could have prevented the altercation
You should know that, as with any personal injury claim, there is no guarantee that any case will succeed. However, working with one of our experienced Ohio police brutality attorneys will increase your case’s chance of success.
How to Report Police Brutality
If you’ve been a victim of police brutality, you should report it immediately, but you need evidence. Incidents can happen suddenly and in chaotic situations. However, chances are other people witnessed the event. As soon as you can, begin gathering all of the evidence possible.
Start by recording your own testimony of the event in as much detail as possible. Record the names of the officers, what they said to you, what they had you do and what they did.
Next, you should gather as much evidence as possible from those who witnessed the event. People who witnessed the incident may have taken pictures or video. Gather as many of these files as possible. When you talk with the witnesses, make sure to take down their contact information and ask them if they would be willing to testify in court.
If you were injured at all, you should go see your doctor. Make sure they know that your injuries were caused by an incident of police brutality. These medical records will provide strong evidence for your case and improve your chances for winning financial compensation. They will also help you organize and file a police complaint after you have gathered all of the necessary evidence.
Ohio Police Brutality Lawyers at The Cochran Firm
The attorneys at The Cochran Firm Cleveland have experience in representing clients in police brutality claims. If you have been wronged, injured, or have lost a loved one due to the overuse of power by law officials, give us a call. Our legal team will provide you with dedicated service and legal representation in the courts of Ohio.
Over 40 years ago, Johnnie L Cochran Jr. founded The Cochran Firm with the mission to defend individuals in their time of need and we continue that legacy in our practice today.