Experiencing police use of excessive force can be traumatic and overwhelming. If you believe you have been on the receiving end of excessive force, it is important to take immediate steps to seek justice.
Prioritize your health
Your priority should be your health. Immediately seek medical attention if you have sustained an injury. Your medical records will serve as valuable evidence. Documenting your injuries and collecting all medical reports is important for building your case.
Gather evidence
Collect as much evidence as possible to support your claim of a civil rights violation. This includes any videos, photos, or audio recordings of the incident. If there are witnesses, get their contact information and ask them to provide statements. It is important to write down your account of the event as soon as possible, while the details are still fresh in your mind.
Understand legal resources
Police officers in Illinois can face accountability for excessive force. Cases such as Baker v. City of Chicago demonstrate that police officers have accountability when using excessive force, and individuals who have experienced excessive force can pursue legal action. The court awarded significant damages to the plaintiff, reinforcing that excessive force violates constitutional rights.
Similarly, Graham v. Connor, a landmark Supreme Court case, established the “objective reasonableness” standard, which courts use to assess whether an officer’s use of force was excessive under the Fourth Amendment. You can file a complaint with the police department’s internal affairs division, which investigates misconduct and may lead to disciplinary action against officers.
Moving forward after excessive force
Taking the right steps after experiencing excessive force is important to protecting your rights and holding those responsible accountable. Understanding the legal framework and recent case law can help navigate the complexities of holding law enforcement accountable.
