Many people walk away from a police encounter feeling shaken, injured or confused about whether what happened was lawful. If force was used during an arrest or stop, it is common to wonder if officers crossed a line. All too often, the “line” commonly referred to as “excessive force” is crossed in scenarios involving law enforcement. When it is, a civil rights violation may have occurred.
Excessive force generally means that the police used more force than was necessary under the circumstances. Officers are allowed to protect themselves and others, but they are not permitted to punish, retaliate or use force simply because someone is upset, questioning authority or suspected of a crime. The law focuses on whether the force used was appropriate in light of what was happening at the moment.
Massachusetts law, along with federal civil rights protections, recognizes that police may use force in certain situations, but that force must be reasonable. When it is not, victims may have legal options.
Excessive force scenarios may be legally actionable
Courts evaluate excessive force claims using an “objective reasonableness” standard. This means they aim to look at any given situation from the perspective of a reasonable officer on the scene, not with hindsight. Factors at issue can include whether a victim of force posed an immediate threat, whether they were actively resisting or attempting to flee and how severe the suspected offense was. Importantly, this analysis is meant to be based on facts, not assumptions or labels.
Being arrested or charged with a crime does not eliminate an individual’s civil rights. Even if a person is later convicted, police are still required to use lawful force. Excessive force can occur in many situations, such as using physical strikes on someone who is already restrained, deploying a Taser or chemical spray on a person who is not threatening anyone or causing serious injury during a stop for a minor offense when safer alternatives were available.
Victims in Massachusetts may be able to pursue civil rights claims under state law and federal law, including claims brought under Section 1983. These cases focus on whether a person’s constitutional rights were violated, such as the right to be free from unreasonable force. A successful claim may provide compensation and help hold public officials accountable.
If you believe excessive force was used against you, your priority should be medical care. Injuries should be documented as soon as possible. Preserve any evidence, including photos, videos, names of witnesses and medical records. Avoid discussing the incident publicly, especially on social media, until you understand your rights.
Speaking with an experienced Massachusetts civil rights attorney can help you understand what the law allows, what it prohibits and whether pursuing a claim makes sense. Confidential legal guidance can provide clarity so that you can pursue any justice to which you are rightfully entitled.