Your Rights After Police Brutality and Excessive Force in Covington, Georgia
The recent verdict in the Derek Chauvin trial in Minnesota shows that police officers can be held criminally culpable for excessive violence against suspects or arrestees. While a criminal conviction can feel like justice being served, it does little to help the victim or their family recover for the harm caused. This is why the law provides the right to bring civil action for police brutality under 42 U.S. Code § 1983.
If you believe you were the victim of excessive force by an officer, you should not delay in speaking with a Covington police brutality attorney about your legal options.
Requirements for a Successful 1983 Claim
When you bring a civil rights claim under Section 1983, you need to prove the following:
- Your federal or constitutional rights were violated
- By a someone acting under the color of state law
The Fourth Amendment provides the right against unreasonable search and seizure, which includes protections from excessive force. Police officers are acting under the color of state law when they are performing their law enforcement duties or holding themselves out to be authorized by the state.
These claims can become complicated when an officer tries to claim qualified immunity or claims the force used was justified given the circumstances. It is imperative that you have an attorney handling your claim who knows how to present arguments in your favor that challenge qualified immunity and demonstrate that force was excessive.
Speak with a Covington, Georgia Police Brutality Lawyer Right Away
If you were a victim of police brutality or you tragically lost a loved one due to police misconduct, you should discuss a possible case with the law firm of Ben F. Windham, PC. Contact us online or call 833.236.9467 today to learn how a Covington excessive force lawyer can help.