Though you may have never pictured yourself to be a victim of police abuse or mistreatment, the reality of this event can be devastating. Not only can it leave you suffering in physical pain, but it can also be an incredibly traumatic experience. Unfortunately, if you have suffered mistreatment at the hands of the police during your arrest, you may feel as though there is nothing you can do. However, this is far from the truth. The following blog explores what you should know about these matters, including your legal rights and the importance of connecting with an Oklahoma City civil rights lawyer to help you in the fight for justice.
What Constitutes Police Mistreatment in Oklahoma?
Generally, instances of physical abuse or mistreatment by law enforcement are commonly referred to as excessive force. Essentially, this can occur any time a police officer uses more force than is necessary for a situation.
Think of excessive force in terms of self-defense. When you are defending yourself from a threat, you may only take reasonable measures to do so. For example, if you are in a car and someone on the other side of the road has a knife pointed at you, hitting them with your car would not constitute self-defense, as the force used was excessive. The same goes for mistreatment by the police. If you have been placed in handcuffs, meaning you are no longer capable of inflicting harm on a police officer, but they choose to pepper spray you regardless, this would constitute excessive force as it extends beyond the bounds of what is justified. In some instances, the force may be so egregious that it constitutes brutality, and unfortunately, excessive force can be so unnecessary that it results in death.
Do I Have Any Legal Options If I Suffered Abuse at the Hands of Law Enforcement?
Unfortunately, due to the power imbalance that many in legal trouble feel during interactions with the police, victims of excessive force may be hesitant to explore their legal options for fear of further repercussions. However, it’s imperative to understand that this type of behavior is unacceptable, and you have legal options as per the Civil Rights Act of 1871, Section 1983. Section 1983 allows individuals to file a lawsuit against employees of the government who are acting in their official capacity. As such, if your rights have been violated by a police officer while they are on duty, you can file a claim.
In addition to the Civil Rights Act, the Fourth Amendment provides additional protections for those who have suffered at the hands of law enforcement. Under the Fourth Amendment, police officers cannot use unreasonable force, even when you are being placed under arrest.
If you or a loved one has suffered mistreatment at the hands of law enforcement in Oklahoma, it’s critical to connect with an experienced attorney with the Jones Firm, PLLC, as soon as possible. Not only can we help you fight any criminal charges you’re facing in relation to the arrest for which you faced excessive force, but we can also help fight for your civil rights as a victim of police mistreatment. When you need help, our team is here. Contact us today to learn more.
