Excessive & Disproportionate Use of Force
- There are some common situations considered excessive force. Police using physical force on a person in custody who is not resisting can be considered applying excessive force. Another common case is the use by police of a weapon against a person who does not have a weapon and whom the police can reasonably assume is not carrying a weapon. Finally, a common excessive use of force is intimidating a suspect or even a witness into giving a statement or making a confession.
- The DOJ statistics on excessive police force point to higher rates of the use of excessive force in minority populations. The DOJ suggests that police officers require more training in these areas and situations. According to the Atlanta Post, the DOJ announced in 2011 investigations into allegations of police brutality The allegations focus on the "pattern and practice" of brutality, harassment, and false arrests of racial minorities. The investigation focused on a handful of cities including Newark, New Jersey; Seattle, Washington; and Denver, Colorado.
- In Seattle, a homeless, Native American woodcarver was shot to death by a police officer. The officer had requested the man put down his wood carving knife. When the man did not immediately comply, the officer shot him. The man was hearing impaired. The police officer who killed him resigned. In London, a police officer knocked down a newspaper vendor during a demonstration. He died soon after and the cause of death was labeled natural causes. A jury ruled, however, that the offending police officer used excessive force since the man was a bystander.
- A citizen who has been the victim of excessive force by the police or police brutality can seek damages. Law suits against any police jurisdiction are heard in federal court. Depending on the situation, the use of excessive force by police can violate a citizen's Fourth or Fourteenth Amendment rights. A citizen may also have cause for recourse under the federal Civil Rights Act. Surviving family members of a victim of deadly force can file suit as survivors.