Excessive Use of Force Attorney in Philadelphia, Pennsylvania

If you have been a victim of excessive use of force by law enforcement, it is important to seek experienced legal representation from an attorney who specializes in excessive use of force cases and civil rights litigation.  

At H. Rosen Law, P.C., we are dedicated to advocating for the rights of individuals who have suffered harm due to police brutality and misconduct. With our knowledge of excessive use of force laws, we are committed to helping our clients seek the justice and fair compensation they deserve. We proudly serve clients throughout Southeastern Pennsylvania, including Harrisburg, Scranton, and the greater Philadelphia area. Reach out to us today to schedule a consultation to discuss your case. 

Examples of Excessive Use of Force

Excessive use of force refers to situations in which law enforcement officers exceed the level of force needed to perform their duties, resulting in unnecessary harm to the victim.  

Types of excessive use of force may include:  

1. Police Brutality — Physical assault, unnecessary use of Tasers, chokeholds, or other aggressive tactics.  

2. Unjustified Shootings — The use of firearms in situations in which lethal force is unwarranted, resulting in serious injury or death.  

3. Improper Restraint — The use of excessive or unnecessary force during arrests, such as the misuse of handcuffs, hog-tying, or dangerous positions that can result in injury or suffocation.  

4. Verbal Abuse & Intimidation — Hostile language, threats, or other intimidating tactics.  

5. Failure to Intervene — Officers witness colleagues using excessive force and failing to intervene. 

If you have been the victim of such tactics, you need to speak with an attorney who can explain your options. 

Excessive Force vs. Reasonable Force

While law enforcement officers are authorized to use force when necessary to maintain public safety, they must do so within specific legal guidelines — known as reasonable force. When excessive force is used, it violates the victim's constitutional rights, undermines public trust in law enforcement, and can have long-lasting consequences for the victims and their families. 

Civil Rights Violations in Cases of Excessive Force

In many cases, the use of excessive force — including failures in officer training and supervision — results in violations of basic civil rights, such as: 

• First Amendment — The right to free speech and assembly. 

• Fourth Amendment — The right to protection from unlawful search and seizure. 

• Eighth Amendment — The right to protection from cruel or unusual punishment. 

• Fourteenth Amendment — The right to equal protection and due process. 

The violation of any of your civil rights is serious. A skilled attorney with experience in civil rights litigation can help you understand these violations and seek fair compensation. 

Building Your Case

If you believe you have been the victim of excessive use of force, you can work with your legal representation to create a strategy and build a strong case. The process of pursuing compensation involves multiple steps, so having an attorney to serve as your guide is in your best interest. Effective legal representation can help you through these steps, including:  

• Investigation — Determining whether you were indeed victimized by the use of excessive force.  

• Gathering Evidence — Supporting evidence can include police reports, video footage, and interviewing witnesses.  

• Documenting Injuries or Damage — Verifying that you were injured by excessive force or suffered damage to your property.  

Once these steps have been completed, your attorney can help you initiate the legal process of seeking a resolution. 

The Legal Process

As with any legal matter, there are varying complexities involved with excessive force claims. Relying on your legal representation to explain your options and lead you through the process is key. 

Filing Complaints

Victims of excessive force may file a complaint with the law enforcement department involved in the incident. This official complaint will start an internal investigation, potentially leading to disciplinary action against the officer (or officers) involved. 

Resolution

Resolving a claim of excessive use of force that resulted in civil rights violations can be accomplished by different means, depending on the specific details of the incident. Potential options for resolution include: 

• Negotiation: Negotiation can sometimes lead to a resolution without litigation. An attorney can negotiate with the responsible party and advocate for fair compensation and/or appropriate disciplinary measures. 

• Mediation: An alternative dispute resolution method that allows both sides to work with a neutral third party to pursue an acceptable outcome. 

• Litigation: In cases in which negotiation or mediation fail, pursuing litigation may be necessary. 

Regardless of the path you choose, experienced legal counsel can provide comprehensive support throughout the process. 

Why You Need a Civil Rights Attorney

Facing a legal matter on your own can be a daunting task. When your legal issue pits you against a law enforcement agency, you can quickly find yourself in over your head. You don’t have to do this alone. Putting your case in the hands of knowledgeable legal representatives can place you in a more advantageous position than doing it by yourself. 

If you have been wronged by law enforcement, don’t assume that everything will work out the way it should. When your rights have been violated, you need guidance you can trust.