Police brutality is a serious charge when it comes up in a claim against law enforcement agencies in Georgia. The actions of the police are meant to serve and protect the community. At no time are the police and law enforcement officials to take advantage of the citizens that they are sworn to protect.
Police Have a Duty to Protect and Serve the Community Safely
The police officials in Georgia, as in every state, have serious and complex techniques and strategies to protect our communities. Of course, the police are extensively trained at police academies and on the various local police forces in our state on how to manage the community at all levels of security.
The police are not above the law themselves when protecting the community as law enforcement officials. That being said, if the police are in the wrong, and working against the laws to manage the arrest of any individual, those police officers will be investigated and held to the highest standards of the law too.
Police Brutality is a Serious Charge Against Law Enforcement Personnel
There needs to be an investigation if there is an allegation that the police have used excessive or unnecessary force to protect the community. There are many different legal definitions of excessive force, and the force used on any one person will depend entirely on that situation. Therefore, each case will be different according to the merits of that particular case.
Many theories will be involved in the issues surrounding potential police abuse. It will be necessary to determine at what stage was the person was abused in police custody. Many questions need to be answered, including how the person was allegedly a victim of police brutality. The types of questions that will need to be discussed with your attorney regarding the claim will be the following.
Questions to Ask Regarding the Alleged Use of Police Brutality
It will be important to determine the questions below to help identify if there has been a case of police brutality. Namely:
- Are the police officers predisposed to using excessive force in that police department?
- What are the situational variables of the charge of police brutality?
- Did the individual claiming police brutality resist arrest?
- Did the person claiming police brutality act aggressively towards the police at any time?
- Did the situation with the police escalate to a violent conflict? And if it did, why did this happen?
- How long have the affected police officers been on the police force? Have they received any recent additional training on relations with the community members?
- Have the affected police officers received any recent disciplinary charges for inappropriate behavior in the past, or recently?
- Are there any issues of race or diversity relations involved in this claim? If so, what are these issues?
- Is the person claiming police brutality of “color” such as African American or Latino/a?
- Has the police department undergone any recent training in diversity issues? Is that training long overdue for all officers in that police department?
Police Brutality is Not an Umbrella Term!
As you can see, there are many factors that will affect the charge of police brutality. It is not an open wide umbrella term that can encompass any perceived unfair treatment by the police. For example, if a person is resisting arrest and is forcibly thrown to the ground, then the police may have cause for their actions for the person disregarding an order by the police during an arrest situation. Another example is that if a person is told to exit a vehicle, and the individual does not do so, the officer may be within rights to forcibly take the person from the vehicle.
Exploring Excessive Force Does Not Have a “One-Size-Fits-All” Approach
To reiterate, there is no set answer to determine if there is a situation for police brutality, or whether a claim will “stick” for police brutality against a member of the community or public. There will need to be an investigation as to the actions of the police officer, as well as an investigation of the actions of the person who is making the claim. There will need to be proof, evidence, records, videos, and other facts that show that police brutality did occur. It will not be seen to have occurred by someone who says or yells vehemently, “I know my rights.” In many cases, a person stopped or detained by the police even for questioning, who does not comply with the simple wishes or commands of the police will be likely to experience an unpleasant day.
Obeying a Direct Order of a Law Enforcement Officer
It is critically important that if a police officer asks a person to do something, or refrain from doing something, and the individual ignores the order of the police, then that police officer is usually in his/her rights to detain the person forcibly. Many people think that just saying the phrase, “I know my rights,” will get them out of having to listen to the direct orders of the police – but it will not!
Residents and citizens need to start with a general and overall respect for the police and their job protecting the community, just as the police and law enforcement need to respect the citizens and community members as well. Respect is definitely a two-way street in these situations, and there are many public policy reasons why respect needs to be upheld on both sides of the spectrum for a stronger and safer community overall.
There Are Many Types of Potential Police Brutality Situations
The kinds of claims against law enforcement for police brutality that have the most teeth are cases where police have perpetuated:
- Assault
- Battery
- Police beatings
- Stun gun attacks
- Allegations of sexual assault
- Rape charges
- Sexual abuse or molestation charges
- Wrongful death
- Fatal shootings
- Death by taser
- Manslaughter
- Murder
- Unauthorized use of deadly force
You Need an Experienced Attorney in Police Brutality Cases
You can see how it will be extremely important to determine if your attorney is ready and able to take on this type of case for you. In this situation, you need an experienced team of lawyers who know how to manage a case related to potential police brutality charges, and knows how to investigate the case to get to the facts.
If you feel that you have been the victim of police brutality, you need to give us a call immediately. We will be able to discuss this case with you and determine the exact nature of the police brutality that you claim, and help you to build this case to find out if you can recover compensation for your losses. Just give us a call at CEO Lawyer Personal Injury Law Firm right now. We are here for you every step of the way. Call us at (833) 254-2923 today to discuss your police brutality issues with an expert injury and accident attorney on our team.
