Excessive Force in Arizona

As experienced civil rights attorneys in Arizona, we understand the importance of upholding justice and protecting the rights of individuals, especially in cases involving excessive force. Almost 3,000 complaints of misconduct were filed against the Phoenix Police Department alone from 2016 to 2018, many involving force — a crucial reminder that sometimes your civil rights may be at risk when interacting with law enforcement. 

In today’s blog post, we’ll delve into the complex issue of excessive force in Arizona, exploring what constitutes excessive force, the legal standards governing law enforcement’s use of force, and the potential consequences for those accused of excessive force. Join us as we navigate this critical topic and shed light on the legal principles and challenges surrounding excessive force in Arizona.

Quacy L. Smith

Founding Partner

James M. Green

Founding Partner

What is Excessive Force?

Excessive force refers to the use of more force than is reasonably necessary to accomplish a lawful purpose. In the context of law enforcement, excessive force occurs when officers use force that is disproportionate to the threat posed or when force is used unnecessarily or unjustifiably. Both Arizona state law and federal law provide guidelines and legal standards for determining when the use of force by law enforcement crosses the line into excessive force.

Under Arizona law, excessive force is often evaluated based on the totality of the circumstances, considering factors such as the severity of the alleged offense, the immediacy of the threat posed, and the level of resistance encountered by law enforcement. Additionally, Arizona law prohibits law enforcement officers from using deadly force unless it is necessary to prevent imminent death or serious physical injury to themselves or others.

Similarly, federal law, particularly the Fourth Amendment to the United States Constitution, protects individuals from unreasonable searches and seizures, including the use of excessive force by law enforcement. The U.S. Supreme Court has established a legal standard known as the “objective reasonableness” standard, which evaluates the reasonableness of a law enforcement officer’s actions based on the perspective of a reasonable officer on the scene, without the benefit of hindsight.

Legal Standards Governing Law Enforcement’s Use of Force

Law enforcement officers are entrusted with the authority to use force when necessary to maintain public safety and uphold the law. However, this authority is not unlimited, and officers must adhere to legal standards and guidelines when using force. Both Arizona state law and federal law impose legal standards governing law enforcement’s use of force.

Officers are only permitted to use force when it is necessary to accomplish a lawful purpose, such as effecting an arrest or preventing harm to themselves or others. The level of force used must be proportionate to the threat posed, with officers using the least amount of force necessary to achieve their objectives and adjusting the level of force based on the circumstances. Force is only authorized in response to an imminent threat of harm and should not be used preemptively or as a punishment for past behavior.

Law enforcement agencies bear the responsibility of ensuring that officers adhere to these legal standards and guidelines. Agencies should provide training, supervision, and accountability mechanisms to prevent and address incidents of excessive force.

Legal Recourse for Victims of Excessive Force

Excessive force by law enforcement can have devastating consequences, both physically and emotionally, and understanding your legal recourse options is essential for seeking justice and accountability. 

Filing a Civil Rights Lawsuit

Filing a civil rights lawsuit is one option for victims of excessive force to hold the responsible parties accountable, including law enforcement officers, agencies, and municipalities. These lawsuits, typically brought under federal laws, allege violations of constitutional rights, such as the Fourth Amendment right to be free from unreasonable searches and seizures, which includes protection against excessive force.

Victims of excessive force can seek damages for the injuries they have suffered. These damages can cover medical expenses, pain and suffering, emotional distress, and loss of income. Additionally, victims may seek punitive damages aimed at punishing the defendants for their misconduct and deterring similar behavior in the future.

In particularly egregious cases of excessive force, victims might also have the option to pursue criminal charges against the responsible parties, including law enforcement officers. These charges could include assault, battery, or other offenses, depending on the specifics of the case.

What an Attorney Must Do to Win an Excessive Force Case

Lack of Justification

One key element that a defense attorney must address in an excessive force case is whether the force used by law enforcement was justified under the circumstances. Defense attorneys may argue that the force used was necessary to effectuate an arrest, protect the safety of officers or others, or prevent the escape of a suspect.

Reasonableness of Force

Defense attorneys must also demonstrate that the force used by law enforcement was reasonable under the circumstances. The reasonableness of force is often evaluated based on factors such as the severity of the alleged offense, the immediacy of the threat posed, and the level of resistance encountered by law enforcement.

Overcoming Qualified Immunity

Law enforcement officers may assert qualified immunity as a defense in excessive force cases, which shields them from liability if their actions did not violate clearly established law or constitutional rights.

To overcome qualified immunity, plaintiffs must demonstrate that the law enforcement officer’s conduct violated a clearly established constitutional right that a reasonable officer would have known.

Excessive force by law enforcement is a serious violation of individuals’ rights and undermines public trust in the criminal justice system. Victims of excessive force have legal recourse options available to seek justice and accountability, including filing civil rights lawsuits and pursuing criminal charges. However, winning an excessive force case requires careful analysis and presentation of evidence by both plaintiffs and defense attorneys.

In The News

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The Legal Basis for U.S. Citizens’ Civil Rights

Central to the fabric of American democracy are the civil rights guaranteed to U.S. citizens, which are enshrined in the Constitution and other federal laws

Constitutional Basis

The civil rights of U.S. citizens are primarily rooted in the United States Constitution, which serves as the supreme law of the land. Several constitutional amendments, in particular, lay the foundation for protecting and preserving civil rights:

The Bill of Rights: The first ten amendments to the Constitution, collectively known as the Bill of Rights, guarantee essential civil liberties such as freedom of speech, religion, and assembly, as well as the right to due process and equal protection under the law.

Fourteenth Amendment: The Fourteenth Amendment is a cornerstone of civil rights law, providing equal protection of the laws and due process to all citizens. It prohibits states from denying any person within their jurisdiction the equal protection of the laws and ensures that no state shall deprive any person of life, liberty, or property without due process of law.

Statutory Basis

In addition to constitutional protections, U.S. citizens’ civil rights are also safeguarded by federal statutes enacted by Congress. These statutes serve to enforce and expand upon the rights guaranteed by the Constitution, addressing areas such as discrimination, voting rights, housing, education, and employment. Key federal civil rights laws include:

Civil Rights Act of 1964: The Civil Rights Act of 1964 is a landmark piece of legislation that prohibits discrimination on the basis of race, color, religion, sex, or national origin in various settings, including employment, education, and public accommodations.

The civil rights of U.S. citizens are grounded in the Constitution and federal statutes, as well landmark Supreme Court decisions that protect and uphold fundamental liberties and equality under the law. These legal foundations serve as a bulwark against discrimination, injustice, and oppression, ensuring that all individuals are treated with dignity, respect, and fairness in our society. 

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Advocating for Arizonans’ Civil Rights

Excessive force is a serious violation of individuals’ civil rights and undermines trust in our justice system. At Smith & Green, Attorneys at Law, we are dedicated to upholding the rights of individuals and seeking justice for victims of excessive force and other civil rights violations.

If you believe you have been a victim of excessive force or have had your civil rights violated in any way, we urge you to take action. Our experienced attorneys are here to provide compassionate support, legal guidance, and vigorous representation to help you seek accountability and obtain the justice you deserve

Don’t wait to assert your rights. Contact Smith & Green, Attorneys at Law, today to schedule a consultation and discuss your case. Together, we can work towards a fair and just resolution, holding responsible parties accountable and protecting the rights of individuals in our community. Your voice matters, and we’re here to fight for you.