Berkeley Law Symposium: Barriers to Accountability in Excessive Force Cases
Across the United States, the call for police accountability grows stronger each year. These calls often originate in more progressive areas like California, where legislators and activists have worked to find a fair balance between protecting residents from police overreach and allowing police to do their job effectively. In events like the Berkeley Law symposium on police accountability, experts addressed major barriers preventing victims from getting justice. If you’ve been the victim of police mistreatment, it may be time to talk to an excessive force attorney in Los Angeles.
At the Law Offices of Dale K. Galipo, we work closely with those who have suffered harm at the hands of law enforcement. Founder and attorney Dale K. Galipo built a successful legal career in personal injury and criminal defense before shifting his focus to civil rights cases. If you’re ready to delve into your legal options with an excessive force lawyer, let’s talk. Call us at 818-347-3333 now.
Legal Hurdles in Excessive Force Litigation
While this symposium took place in 2023, the issues it addressed remain relevant today—and in some cases, the issues discussed are even more significant now. The lead organizer of the event stated that the law itself is a barrier to justice, which puts excessive force lawyers in a tough position. They present the only way that victims can seek justice, but legislative limits make it extremely hard for them to do so.
Perhaps the greatest legal hurdle that attorneys must face is qualified immunity. Qualified immunity is a doctrine that protects government officials—in this case, police officers—from civil liability unless victims can prove that the officer violated their constitutional rights. This is a very difficult thing to prove, and it can leave victims of obvious police abuse unable to recover compensation.
Procedural obstacles regarding claims against government officials are another issue for those seeking assistance from excessive force law firms. Official notices prior to lawsuits, shorter filing timelines, and evidentiary burdens can all discourage victims and prevent police from being held accountable.
Institutional and Structural Barriers
Excessive force law firms regularly criticize the institutional barriers that prohibit victims of police abuse from getting the justice they deserve, and that same topic came up during the symposium. Even if it is obvious that an officer used excessive force, protocols and limitations within police departments may make it impossible for police officers to be held accountable. Police union contracts are extremely favorable to officers and may limit internal investigations, prevent certain lines of questioning during internal investigations, or force departments to keep disciplinary records confidential. This means that officers may engage in the same type of misconduct repeatedly with no escalation in discipline and no real accountability.
Another institutional issue is how successful lawsuits are paid out. While an excessive force attorney may help a victim secure a fair settlement for what they’ve experienced, that cost is ultimately absorbed by taxpayers—so police departments never have to admit wrongdoing, nor do they suffer any real financial consequences for their officers’ egregious actions.
Social and Cultural Obstacles
Outside of the clear limitations placed by the law and by police departments themselves, there are murkier social and cultural obstacles we have to overcome for real accountability. A large segment of the population still relies solely on law enforcement’s credibility and training when these cases come to light, leading them to believe that any action taken by an officer is reasonable. When society as a whole defers to police officers, victims must both prove what they’ve experienced and prove that the officer in question acted unreasonably. This puts significant pressure on victims who are already struggling with the physical and mental effects of police abuse.
The expectations for victims are unreasonably high, while the standards for police officers’ behavior are shockingly low in many of these discussions. Victims are expected to know how to react when faced with an armed officer, avoid escalating the situation unintentionally, and never pose a threat. But police officers, who have training in this exact scenario, are given leeway when they claim to be in fear for their life. When victims see every action and statement they’ve ever made criticized on social media and in the news, it makes the process of fighting for accountability even more stressful.
Make Your Voice Heard With the Law Offices of Dale K. Galipo
If you’ve been injured by a police officer who responded unreasonably to a perceived threat, you’re not alone—and you don’t have to go through this by yourself. Call us at 818-347-3333 or reach out online to discuss what you’ve been through with one of our experienced attorneys.
