Pensacola Lawyers Explain How to Beat Police Brutality and Excessive Force Claims
Getting hit with police brutality or excessive force claims can be scary. The cops have a lot of power, and it can feel like there’s no way to fight back. But don’t worry – there are things you can do. Pensacola lawyers who focus on these kinds of cases have some tips for beating police brutality and excessive force allegations.
Gather Evidence From the Incident
The first thing to do is gather as much evidence from the incident as possible. This includes:
- Photos of any injuries or damage to property
- Videos from security cameras, cell phones, etc. that captured the incident
- Audio recordings of the encounter
- Names and contact info of witnesses
- Any medical records related to injuries suffered
“Having solid documentation of what actually happened is crucial,” says John Smith, a Pensacola excessive force attorney. “It prevents the cops from changing their story later on.
“So even while an incident is unfolding, try to take photos, record video or audio, and get witness information. This evidence can make or break your ability to fight the claims against you.
Don’t Resist Arrest or Get Physical with Cops
It can be infuriating to deal with abusive cops. But as tough as it is, try your best to cooperate and not get physical.
“Resisting arrest or assaulting a police officer, even if they’re out of line, is never a good idea,” explains Jane Doe, a police misconduct lawyer in Pensacola. “It often leads to additional charges and hurts your credibility.
“So bite your tongue, keep your hands to yourself, and save your arguments for court. This gives your lawyer the cleanest case possible to work with later.
Get Medical Attention for Any Injuries
Even if an injury seems minor at first, get medical documentation of it. This shows that the cops used unjustified force and helps determine appropriate compensation if you decide to sue.
“We had a client who only had bruising the day of his arrest,” says Doe. “But days later he developed severe back pain from being roughed up. Getting prompt medical care and documentation strengthened his case.
“So don’t downplay your injuries – take them seriously and get medical records. The evidence can really pay off down the road.
File a Complaint with the Police Department
Every police department has procedures for submitting complaints about officer misconduct. Filing one creates an official record of what happened to you. It also signals that you’re serious about seeking accountability.
“We’ve had great success resolving cases after filing thorough complaints,” says Smith. “It puts pressure on the department to rein the officers in rather than face consequences.
“So even if you plan on filing a lawsuit eventually, submitting a complaint is a good first step after any police misconduct incident.
Consult a Qualified Civil Rights Attorney
Trying to handle excessive force or police brutality claims alone is usually unwise. These cases require detailed knowledge of state and federal laws that protect citizens against such misconduct.
“There are so many nuances involved – stuff the average person isn’t aware of,” explains Smith. “Having an experienced lawyer in your corner levels the playing field.
“So meet with qualified civil rights attorneys in Pensacola to discuss your case. They can help craft a smart legal strategy, negotiate with the police department, and take your case to trial if reasonable settlements can’t be reached.
The lawyers can also determine if you have grounds for additional claims beyond excessive force, like false arrest, malicious prosecution, or others. This is how victims of police misconduct can really maximize their chances at justice.
Possible Defenses Police May Use Against You
If you pursue legal action over excessive force or brutality, cops will pull out all kinds of excuses to justify their behavior. Common defenses include:
You Were Resisting Arrest
Cops often claim victims resisted arrest, forcing them to use aggressive takedown tactics. But your lawyer can argue the force was still disproportionate to the resistance.
You Posed an Immediate Danger
Police may argue their actions were necessary to control a dangerous situation. But things like empty hand control tactics are often safer while still allowing cops to establish control.
They Had No Malicious Intent
Cops will claim they had no intention of truly harming someone. But excessive force due to poor training or negligence is still unlawful.
A good police misconduct attorney can counter these arguments and keep the focus on whether unlawful force was used – regardless of intent.
Possible Claims Beyond Excessive Force
While excessive force is the most obvious claim against cops in these situations, some other possible legal avenues include:
False Arrest – If police unlawfully detained or arrested you without proper justification.
Malicious Prosecution – If officers forwarded false charges against you that they knew were bogus.
Intentional Infliction of Emotional Distress – If police engaged in extreme or outrageous conduct that caused you mental anguish.
Assault and Battery – If officers made threatening contact or gestures causing reasonable fear of harm.
Negligent Hiring or Training – If a department failed to properly screen or train officers, contributing to misconduct incidents.
A lawyer can help determine which of these claims to pursue in addition to excessive force allegations. This allows victims to maximize their chances at justice.
Conclusion – There Are Options to Fight Back
Dealing with police brutality and excessive force can no doubt be frustrating. It often feels like the cops close ranks and protect their own no matter what.
But in reality, there are still options for citizens to stand up to misconduct and demand accountability – with the help of a qualified lawyer.
So if you’ve been the victim of police brutality in Florida, meet with attorneys in the Pensacola area to explore your legal remedies. They have experience fighting back against such unlawful behavior and obtaining justice.
With strong evidence, smart legal strategies, and persistence, many victims have won settlements or court verdicts. So don’t assume you have to just accept abuse of power by cops. Get advice from lawyers who can help you seek the accountability you deserve.