Los Angeles Excessive Force & Restraint Lawyer
The tragic death of George Floyd from excessive restraint was not just an isolated incident. It is a deeply rooted police misconduct issue that has inflicted catastrophic injuries, traumatic brain injuries (TBI), and even death to countless victims across the country. The chilling words “I can’t breathe” echoed not only in the streets of Minneapolis but reverberated across the country and into Los Angeles because it highlighted a grave injustice that continues to claim lives.
Our Los Angeles police excessive force & restraint attorneys has witnessed firsthand a distressing number of cases here in Southern California that involved harm and unjust loss of life due to excessive restraint used by police officers. Many of these cases involve individuals in the middle of a mental health crisis, many of whom are also homeless. These individuals deserved to be met with compassion, not force. They deserved help and protection from the police, not brutality and harm.
At the Law Offices of Dale K. Galipo, we can help victims and families pursue justice and compensation after suffering injury due to excessive force and restraint. We know how to go up against large law enforcement agencies, and we fight aggressively to hold the police accountable. After all, NO ONE is above the law.
If you or a loved one suffered injuries due to excessive restraint, our team of police misconduct attorneys in Los Angeles is here to help. We are committed to helping you seek justice and holding reckless officers accountable for using excessive restraint. Don’t hesitate to call us at (818) 347-3333 or complete our confidential contact form today.
Excessive Force and Excessive Restraint
The Fourth Amendment of the U.S. Constitution is a crucial part of the legal framework that protects citizens from unlawful actions by the police. It specifically prohibits what it calls “unreasonable seizures” and, in doing so, makes it illegal for the police to use excessive force. In simpler terms, law enforcement officers cannot use force against individuals in an unreasonable or unjustified manner. This includes excessive restraint.
In a recent Supreme Court case in 2021, Torres v. Madrid, the Court clarified what constitutes a “seizure” under the Fourth Amendment. It ruled that a “seizure” occurs when a police officer uses physical force to restrain an individual. The important point here is that this can even include situations where an officer merely touches a person, like laying “the end of a finger” on them.
Unfortunately, many police officers use excessive restraint when trying to make an arrest or apprehend a suspect. This “hands-on” scenario happens millions of times each year and, at its worst, has led to high-profile police killings, such as the cases of George Floyd, Eric Garner, Rayshard Brooks, and Michael Brown. In simple terms, when the police physically engage with individuals, there is a risk of causing harm or even death.
Notable incidents include the use of chokeholds, which made headlines following Eric Garner’s tragic death in New York City in 2014. Such scenarios are relatively common, with virtually all police officers encountering situations requiring physical contact with civilians during their careers.
Data on these interactions is challenging to obtain, but studies suggest that police are involved in over 4.5 million arrests annually, with up to 31.8% of these arrests involving some form of nonlethal force. This data shows that police use or threaten to use force in 20% of all arrests.
The stakes are high in such situations. First, there’s the risk of police using excessive force, causing harm or death in situations that don’t warrant it, as seen in cases like the killing of George Floyd by Officer Derek Chauvin. Second, these “hands-on” encounters can escalate to the use of deadly force, as seen in the deaths of Rayshard Brooks and Michael Brown.
Can You Win an Excessive Restraint Case Against the Police?
Yes, it is possible to win an excessive restraint lawsuit against the police. Such lawsuits can be successful if your legal team can demonstrate that the police were responsible for your injuries or the death of your loved one due to using excessive restraint.
Winning a lawsuit against the police depends largely on presenting strong evidence and arguments to prove that their actions or failure to act directly caused injury or death and that their conduct was unlawful or negligent.
To file a lawsuit against your local police department, jail, prison, or law enforcement institution, we must collect all relevant evidence, including video footage, photographs, medical records, and statements from witnesses.
Fortunately, when you hire the California civil rights lawyers at the Law Offices of Dale K. Galipo, you can rest a bit easier knowing you have some of the nation’s top lawyers representing you. Our firm has the experience to fight against law enforcement, police officials, and prisons. With us, winning against the police isn’t just a possibility. It is our main goal, and it is more than possible!
Contact Our Civil Rights & Excessive Force Lawyers Today
If a police officer used excessive restraint on you or someone you love, you can hold them accountable for violating your civil rights. At the Law Offices of Dale K. Galipo, we are here to assist you in holding police officers accountable when they employ excessive restraint. If you or a loved one has been a victim of such misconduct, our legal experts are well-equipped to help you seek justice and protect your civil rights.
We understand that dealing with instances of excessive restraint by law enforcement can be highly challenging. Our attorneys have the experience and knowledge to guide you through the legal process and provide the support needed to address these violations effectively.
We have helped victims and families throughout Southern California, including San Diego, Riverside, Los Angeles, Santa Ana, and Long Beach, or within counties such as Ventura, Orange, and San Bernardino. We can help you, too, if you call us today. Call (818) 347-3333 or fill out our confidential contact form to speak to someone at our office. Together, we can seek justice.
