Police Brutality Lawyer Philadelphia Pennsylvania
The use of unreasonable force during an arrest, an investigatory stop, or any other seizure of a person at liberty violates the Fourth Amendment and is actionable under the federal Civil Rights Act. It does not matter whether the force was used in good faith or maliciously and sadistically. A police officer may not use force beyond that which is reasonably necessary to accomplish a lawful purpose. The law only allows the police to use reasonable force, if necessary, to make a lawful arrest. However, if there is no probable cause to arrest or search, there can be no justification for the use of any force.
In addition to federal laws against police misconduct, Pennsylvania state law makes it unlawful for a police officer to use any force beyond that reasonably necessary to accomplish a lawful purpose. Where an officer uses greater force than was reasonably necessary in the circumstances of a case, the officer is liable for assault and battery. 18 Pa.C.S. §508. Assault is an intentional attempt by force to do an injury to another, and battery is committed whenever the violence threatened in an assault is actually done to a person. Police officers are liable under Pennsylvania law for the torts of assault and battery when force is used in the course of an unlawful arrest or detention or when excessive force is used in executing a lawful arrest.
Title 42, Section 1983 of the U.S. Code and Pennsylvania state law provide powerful legal tools for people who believe their civil rights have been violated by the police or a government authority. It allows the victims of police brutality to sue for financial damages. Victims of police brutality may sue to recover compensatory and punitive damages.
- Compensatory damages are designed to compensate the victim of police brutality for:
- past and future medical expenses,
- pretrial lost earnings (lost wages between incident and trial);
- future lost earnings;
- damaged or destroyed property;
- attorney's fees in underlying criminal case;
- pain and suffering;
- emotional distress;
- embarrassment and humiliation;
- injury to reputation;
- denial of civil rights.
- Punitive damages are recoverable where conduct was motivated by recklessness and indifference to a person's protected rights. Punitive damages can be awarded even if the victim of police brutality suffered no actual damages or only nominal compensatory damages.
Victims of police brutality can take action against those in power to achieve justice and send a message to police and governmental authorities that brutality will not be tolerated. The Pennsylvania police brutality attorneys at the Lassen Law Firm are staunch civil rights advocates. We vigorously represent victims of police brutality and seek the highest compensation on their behalf. If your civil rights have been violated by police, law enforcement authorities, or a governmental agency, contact the Lassen Law Firm to see how we can help. The Philadelphia police brutality lawyers at the Lassen Law Firm are experienced litigators and tenacious advocates for clients in court.
When you speak with a police brutality lawyer at our firm to discuss your situation, you will see that we care about you and your future. Victims of police brutality have different goals when they are seeking to bring a civil rights case forward. We'll first ask about what you hope to achieve by bringing a case. We will then explain the laws that apply to your case, your legal rights, and what can be done to fight back. Then we will fight for you in court.
The Lassen Law Firm only deducts a 29% contingency fee, not the standard 45% like other firms. We serve ALL of Pennsylvania. We can sign you up over the phone and start working on your case today.
Police Brutality Settlements & Verdicts in Pennsylvania
Police shooting in Pennsylvania (internal injuries) $525,000.00
Police brutality settlement in PA (head injury) $410,000.00
Police beating in Pennsylvania (fractured orbit) $290,000.00
Unlawful police shooting in PA (femur fracture) $165,000.00
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Authored by: Christian Lassen