Using Excessive Force Causing Injury

When injured due to someone else’s negligent actions, filing a personal injury claim is often your best bet for securing rightful compensation. However, knowing what to do immediately after an injury occurs can have a major impact on the overall success of your case. That’s why Dothan’s most respected law firm Byrd & Jones offers this advice on what steps you should take just after an injury has occurred.

Our Bakersfield personal injury legal department is in charge of traffic and travel injuries and other accidents such as in swimming pools, slips, trips and falls and workers compensation. It also includes what we call tort cases, such as medical malpractice, product liability, wrongful arrests and dog bites. Most cases are taken on a contingency basis. This means there is no fee unless there is a recovery. Types of Personal Injury Cases we represent include: Car and auto accidents , Serious auto accidents, Vehicle roll over accidents, Truck accidents, Semi-Truck accidents, Motorcycle accidents, , Animal bites, Slip and falls, Nursing home neglect, Nursing home abuse, Elder abuse, Pedestrian accidents, Defective products, Defective medical devices, Construction site injuries and Medical malpractice

A claim that prison officials used excessive force on an inmate and thereby inflicted cruel and unusual punishment in violation of the Eighth Amendment involves both objective and subjective elements. Stanley v. Hejirika, 134 F.2d 629, 634 (4th Cir. 1998). The objective element of the analysis requires a determination of whether the defendants’ actions offend contemporary standards of decency. Hudson v. McMillian, 503 U.S. 1, 8 (1992). To answer this question, the Court weighs the need for the application of the force, the relationship between the need for the use of force and the amount of force used, the extent of the injury inflicted, the extent of the threat to the safety of staff and inmates as reasonably perceived by the defendants and any efforts made to temper the severity of the use of force. Whitley

Excessive or reasonable force by police? Research on law enforcement and racial conflict a research conducted by John Wihbey and Leighton Walter Kille. The main logic behind this research was a result of continuous Allegations of the U.S. police officers and law enforcement agencies using excessive force while on the job for the past two decades. The writers of the research begun by stating the most recent police brutality cases starting from Eric Garner who died as a result of a “chokehold” by an officer, A month later the fatal shooting of Michael Brown by officer Darren Wilson, Tamir Rice who was shot by police in Cleveland, Ohio, Walter L. Scott was shot by a police officer during a routine traffic stop, and Freddie Gray who died while

Moreover, to limit officer’s discretion on unjustly use of deadly force, law enforcement agencies need to adopt new practices and techniques when dealing with the public if deadly use of force is not required. Officers should adopt new practices of using the taser as a means of force. “Tasers [are] developed to subdue suspects with non-lethal means” (DeLone, Thompson, 2009, p.416). Many law enforcement officers praise the use of tasers as a tool to “increase the safety of both officer and citizen by decreasing the use of deadly force” (DeLone, Thompson,2009, p.418). Individuals who are not complying/showing aggression with officers and or have some sort of weapon can be easily subdued and controlled with the taser rather than being shot at

A personal injury attorney is always available to assist you in any sort of accident that happens to you. If you unfortunately become the victim of an accident and get yourself injured, a personal injury attorney is the most capable individual who can assist you to take necessary steps against the person responsible for that accident, as well as, to get remuneration. A personal injury attorney is a specialized lawyer who is well equipped with the knowledge of both injury laws and civil rights. An experienced personal injury attorney can easily categorize the severity of the injury of the victim along with the severity of the case. Thus, they can take necessary steps against the party for whose negligence the mishap happened. Again, if someone's

Police officer’s participation in ethical/unethical shootings and/or patterns of excessive force practices has shown a greater prevalence in low-income black communities’ statewide more often than white communities. Eruptions of anger due to the outcome of civil proceedings leading to civil protests, violence, and the creation of various pro-black groups have shown greater evidence of a widespread issue meanwhile having a domino effect in cities and states across the nation. In the wake of the death of Eric Garner, Michael Brown, Tamir Rice, Freddy Gray, all killed by white police officers during apprehension cities in the states: Cleveland, Pennsylvania, St. Louis, and Baltimore have

Most of the personal injury cases get settled outside the courtroom on the negotiation table. Your Personal Injury Lawyer Bruce Peninsula will sit on the negotiation table on your behalf. If he/she is good at negotiations, he/she will get you good compensation. if it is not possible, then the lawyer will fight your case in the

Police-related excessive force violations resulting in death continues to haunt black and low-income communities nationwide. So what exactly is excessive use of force? And what is the definition of excessive force? The National Institute of Justice stated that there is no single, universally agreed-upon definition of the use of force. ABC News reported that there’s no concrete definition of excessive force and that excessive force is a slippery metaphor” experts say it’s any force beyond what’s necessary to arrest a suspect and keep police and bystanders safe. USA Today reported that nearly two times a week in the United States, a white police officer killed a black person during a seven year period ending in 2012 according to the FBI’s

Personal injury law covers any injury, wrongdoing, or damage to a person caused by the negligence of another. Given the countless circumstances that fall into this category, it is no surprise that personal injury lawsuits are the most common claims filed in Orange County, throughout Southern California, and even the entire country. Often, an individual or family faces a loss of wages & income when the victim is injured in a faultless accident, subsequently forced to miss work. Medical bills rapidly begin to pile up and personal relationships become strained. Most victims experience levels of stress they never imagined. Every day, agents of counsel at Silverthorne Attorneys, as a hired personal injury lawyer, help people that find themselves

The study on excessive force found that, even as use of force escalates from grabbing a civilian to striking them with a baton, the "overall probability of such an incident occurring decreases dramatically, but the racial difference remains roughly constant. Even when black civilians are reported compliant and no arrest made, they are 21.3 percent more likely to endure some kind of force” (Correl, 2001). In places where there is a commitment of democratic government, civilian oversight appears to arise in response to a specific crisis confidence in the police. Until such a crisis occurs, society has looked into these issues of police killing civilians and chooses to handle their cases on their own. The beginnings of police brutality that occurred

Excessive force and resisting arrest: interfering with a law enforcement officer’s lawful ability to take a person into custody. In the movie, we can see the Sherriff use of excessive force after the offenders refused to comply with him in the bar. The sheriff was already upset about the situation and when he was asking them about the case rape case they started calling him names. He then beat them up before he booked them.

The term "excessive force" is police abuse of authority given to them by the government. Additionally, the term means that the officers applying that level of force are infringing upon the constitutional rights of the citizens. Officers need to know the citizens' legal protection to understand the meaning of "excessive force". The use of force should be enough to protect officers and the community. At the same time, the force should not encroach upon citizens' rights. (Gould and Mastrofski, 2004). Unreasonable or unjustified searches can be characterized as excessive use of force. (Fyfe,

What is excessive force? Excessive force is when the force exceeds the required amount to deescalate a situation or to safeguard themselves or others from any hurt, harm or danger from an individual. United States constitutional rights are to be free from excessive force found under reasonable search and seizure conditions in the Fourth Amendment and cruel and unusual punishment in the Eighth Amendment.

Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line