#ExcessiveForce

[steadyscopemedia]

SCOTUS Unanimously Revives Excessive Force Lawsuit Against Texas Officer—Rejects “Moment of Threat” Standard

[guzmanlawfirm1]

Potential Damages Available in Excessive Force Accident Cases in Florida

If you have recently found yourself in a situation where you or a loved one has been a victim of excessive force by law enforcement or another authority figure, you are likely feeling overwhelmed, confused, and unsure of what steps to take next. You may be facing a mountain of emotional and physical pain, while also grappling with legal complexities. Rest assured, if you're here reading this, you're already taking a crucial first step toward understanding the potential damages available to you in excessive force cases. You don’t have to face this alone. At our firm, we are deeply empathetic to the struggles you’re going through, and we are here to help you understand your legal options and pursue justice in the best way possible.

When it comes to excessive force, the law is clear: the use of unreasonable force by law enforcement or other authority figures can have significant and lasting consequences for the victims. The good news is that the law also provides potential remedies for those who have been wronged, including various types of damages that may be available to help you recover from the harm you’ve suffered. This page will explore the different kinds of damages that can be claimed in an excessive force case in Florida, and how an experienced attorney can assist you in obtaining a favorable result.

Understanding Excessive Force Claims in Florida

Excessive force occurs when law enforcement or another authority figure uses more physical force than necessary to subdue or control a situation. It can involve actions such as physical assault, unnecessary restraint, or even deadly force. When a law enforcement officer or authority figure uses force that goes beyond what is reasonable, it may constitute a violation of your constitutional rights, specifically your Fourth Amendment rights, which protect you from unreasonable searches and seizures.

Excessive force cases often involve complicated legal issues, and the victim may need to prove that the force used was not justified or necessary under the circumstances. If you’ve been involved in such an incident, you might be entitled to recover damages for the harm you’ve suffered.

Types of Damages in Excessive Force Cases

In an excessive force case, the victim may be entitled to various types of damages. These damages are designed to compensate the victim for the harm caused by the wrongful actions of law enforcement or another authority figure. Below are the primary types of damages that may be available in an excessive force case in Florida.

Compensatory Damages

Compensatory damages are designed to compensate the victim for the actual harm they have experienced as a result of excessive force. These damages aim to restore the victim to the position they would have been in had the excessive force not occurred. Compensatory damages can include both economic and non-economic losses.

Economic damages refer to the financial losses the victim has experienced due to the excessive force incident. This can include medical bills, the cost of physical therapy, lost wages due to the inability to work, and any other financial costs associated with the injury or harm caused by the incident. If you’ve had to take time off work or incurred significant medical expenses because of the excessive force, these damages will help cover those costs.

Non-economic damages, on the other hand, cover the emotional and psychological harm caused by the excessive force. This can include pain and suffering, emotional distress, loss of enjoyment of life, and the mental anguish that results from the trauma of the incident. These damages are harder to quantify than economic damages, but they are just as important in helping victims recover from the emotional toll of excessive force.

Punitive Damages

Punitive damages are another type of compensation that may be available in excessive force cases, though they are not awarded in every case. Punitive damages are intended to punish the wrongdoer and deter them from committing similar actions in the future. These damages are awarded in cases where the defendant's conduct was particularly egregious or reckless.

In Florida, punitive damages are capped at a certain limit depending on the circumstances of the case. If the actions of the law enforcement officer or authority figure were especially reckless or malicious, the court may award punitive damages to send a strong message that such behavior will not be tolerated. While punitive damages are less common than compensatory damages, they can provide an additional layer of justice for the victim.

Medical Expenses and Future Care

If the excessive force incident has resulted in significant physical injury, you may be entitled to damages that cover both past and future medical expenses. This includes the costs of hospitalization, surgeries, prescriptions, rehabilitation, and ongoing medical care. If the injuries from the excessive force are severe or long-lasting, you may also be entitled to compensation for future medical expenses, including therapy or future surgeries that may be needed as a result of the incident.

These damages are essential to ensure that the victim receives proper medical care and doesn’t have to bear the financial burden of medical treatment out of pocket. In some cases, expert testimony can be used to determine the long-term medical costs associated with the injury.

Lost Wages and Earning Capacity

Excessive force can cause significant physical injuries that prevent the victim from working, sometimes for weeks, months, or even longer. If the victim has had to miss work or is no longer able to return to their previous job due to their injuries, they may be entitled to damages for lost wages. This can include compensation for wages lost due to the immediate aftermath of the incident.

In addition to lost wages, a victim may also be entitled to compensation for the loss of future earning capacity if the injuries from excessive force prevent them from working in the future or if they are forced to switch careers due to their injuries. This can be a particularly important type of damage for individuals who are facing a long-term or permanent inability to work in their previous field.

Legal Fees and Court Costs

In many excessive force cases, the prevailing party may also be entitled to reimbursement for their legal fees and court costs. This means that if you are successful in your case, the person or entity responsible for the excessive force may be required to pay your legal costs. These damages help ensure that victims of excessive force are not further burdened by the financial costs of seeking justice.

At our firm, we understand that navigating an excessive force case can be incredibly challenging. We are committed to helping victims of excessive force recover the damages they deserve. Our team is dedicated to providing the support and legal representation you need to obtain a successful case result. With years of experience handling cases just like yours, we are prepared to guide you through every step of the process, from gathering evidence to representing your interests in court.

If you or a loved one has been a victim of excessive force, you don’t have to face this battle alone. Let us help you get the justice you deserve. Reach out to us today to schedule a consultation and begin the journey toward securing the compensation and closure you need. At The Guzman Firm, PLLC, we are here to support you through this difficult time and fight for the results that can help you move forward.

[alexanderrogge]

John H. Bryan - The MOST Ignorant WV Cops Yet! | Exclusive Bodycam | LAWSUIT Inbound:

BoundaryDispute #PrestonCounty #WestVirginia #PoliceMisconduct #Malfeasance #Lies #ExcessiveForce #ArrestWarrant #Warrant #FalseArrest #FloridaVJardines #Jardines #Curtilage #FourthAmendment #DefundThePolice #Lawsuit #CivilRights #ConstitutionalRights #Law

[usnewsper-politics]

Hypocrisy Exposed: Council Member's Flip-Flop on Police Funding Raises Eyebrows #Austin #backlash #communitysafety #comprehensivesolutions #councilmember #crimeconcerns #crimespike #defundingthepolice #excessiveforce #hypocrisy #lawenforcement #policebrutality #policefunding #policepatrols #publicsafety #racialbias #socialprograms #systemicracism #Texas

[turtle-ask]

Yes! We need to help our friend,mister Savoire-Faire to grant their wishes. Quick!

SHAKE THE FOUNTAIN IMMEDIATELY ‼️‼️

Do you know that if you throw a penny into a water fountain,your wish could come true? With that amount,the possibilities is endless.

...i've tried.

[northwest-by-a-train]

American child trafficking "news" usually go something like this:

BRAVE RED-BLOODED AMERICAN COPS DESTROY STATEWIDE CHILD TRAFFICKING RING

No less than 148 minors, piled in cages, forced to sleep on dirt floors or on soiled straw, were found on a property fifty miles from Chicago. The couple holding these children hostage, John-Bob-Robert Someguy and his wife Jane-Bob-Karen Someguy, was described by neighbors as "Satanic" "Always giving off horrible vibes" and "Suspicious". The couple is alleged to have fed the children hay and food pellets for over twenty years according to a press release by Captain Excessiveforce of the Reddick Police Department.

"Forty years on the force" said the captain "And I've never seen anything that looked this much like hell. They MILKED them, for Christ's sake". The Someguy property has been dubbed "Satan's Cottage" on social media and we shall hereby continue to cover it as such.

Illinois residents are advised to shoot any stranger who looks at them wrong, any white van, any homeless guy and any person that's just a tiny bit ugly.

•••••••••••••••••••••••••••••••••••••

There is an updated version of this article:

Members of the Illinois chamber of agriculture have expressed doubts on the above accusations. They allege that the Reddick Police Department, unfamiliar with modern agricultural practices, accidentally mixed up Cows and Children.

On the Facebook page for the Police Department, Captain Excessiveforce answered the claims:

"Oh yeah ? And the children floating in the pond, you're going to tell me those were cows ? And those girls we found in tiny wooden houses, forced to lay eggs every morning for ritual satanic sacrifices, they're cows too ? And those poor shorn children, whose hair the Someguy family made sweaters of, the liberal news media wants us to believe THEY'RE cows too???"

An assistant state attorney says the Someguy Family faces the extra death penalty by divine punishment if the accusations are true. A GoFundMe campaign by the Church of Latter-day Crooks for a Private Plane to bomb "Satan's Cottage" has reached 8 million dollars.

[zc-ethicalissues]

Excessive Force... Ethical or Unethical?

Welcome back to Ethics 101!😁

In this blog we will be focusing on the use of force, specifically excessive force, and whether or not it is truly an ethical issue. In order for individuals within the Criminal Justice System (CJS) to be able to carry out their roles effectively, they must be given certain powers, one of which is their ability to use force when carrying out certain duties. This power can be directly linked to persons within the law enforcement branch of the CJS.  We often here the phrase, “with power comes great responsibility” thus rules that govern conduct are put in place to ensure that their powers are being used in the right manner and for the right reasons. 

The Force Using Force

Good conduct is a foundational principle that governs the CJS and according to the Code of Conduct for Police officers, an officer may ONLY USE REASONABLE FORCE and only in situations of “making a lawful arrest, in self-defense and to protect other officers and citizens who are facing an immediate threat” (Jamaica Constabulary Force, n.d). This power is also given to correctional officers, members of the Jamaica Defense Force (JDF) and members of security forces when the situation demands it. Therefore, it is safe to say that when officers use the minimum amount of force and use it as a last resort when faced with impending danger, to serve and protect the nation, then it is considered ethical by law. On the other hand, the use of force can become an issue/ unethical when it becomes excessive or is being used for the wrong reasons. But where do we draw the line? How do we know the point at which it becomes unethical?

How much is ‘too much’?

If we are being honest, Jamaica is plagued with violence and it has seeped into the criminal justice system. Numerous videos can be found that provide solid evidence of instances where police officers have beaten citizens and even inmates who were neither a threat to themselves nor others. So, do you see the issue here? I definitely do! Force becomes excessive, unlawful, and unethical when it is used in such a way that the victim’s life is at risk. Going back to the police officers’ code of conduct, it clearly outlined that, “it is unlawful for force to be used to punish misbehavior, for revenge or in response to a spoken insult. If an injury is inflicted upon any individual or prisoner, for such reasons, it is considered to be gross professional misconduct and will result in being sued or criminally charged.”(Jamaica Constabulary Force, n.d).

Unethical Force Today- A Prisoner but Still Human

Officers have developed the habit of using ‘excessive/deadly’ force as a first resort and as a quick response to simple verbal abuse such as insults, and such actions are contrary to what is outlined by law (making these actions unethical).  On February 21, 2022, the Jamaican Gleaner reported an incident involving  dancehall artiste Leroy Russell, popularly known as ‘Tommy Lee Sparta’ who is serving a 3 years sentence. He was badly beaten by correctional officers to the point where he had to be rushed to and admitted at the Kingston Public Hospital for medical attention. Are we seeing the ethical issue? This inmate was unharmed and posed no imminent threat to the officers, himself or other inmates, so why was ‘deadly’ force used? His right to humane treatment was violated, and since the correctional officers knew the right and did it not, it became unethical use of force. Prisoners are still humans and while their actions may have allowed them to forfeit their right to freedom, their life is still of great value and disregarding their life may result in serious consequences. 

(See Below: Tommy Lee being taken into the Kingston Public Hospital on a stretcher after being badly beaten.)

What can be done?

 Law enforcement officials should ensure that they abide by the laws of the land and their various codes of conduct while carrying out their duties. They should also be informed of the limitations to their powers and to know ‘how much is too much’. Every citizen must be made aware of their rights, so that they can be aware of violations. Criminal justice practitioners who make unethical decisions willingly such as using unwarranted deadly force, must be held liable and this must go for all individuals regardless of rank, position or level of authority because ‘No one is above the Law’. Excessive use of force/ deadly force is never ethical!

Educate Yourself, and Make the Right Choice! Stay Tuned for More- Zorian Clarke

 References

Barrett, L. (2022, February 21). Dancehall artiste Tommy Lee at KPH after prison beating. The Gleaner. https://jamaica-gleaner.com/article/lead-stories/20220221/just-dancehall-artiste-tommy-lee-kph-after-prison-beating

Jamaica Constabulary Force. (n.d.). Police-Citizen Relations in Jamaica. OAS.org. http://www.oas.org/es/sla/dlc/mesicic/docs/jam_res26.pdf

Pollock, J. M. (2010). Ethical Dilemmas & Decisions in Criminal Justice. Seventh Edition.

[tommiesunshine]

(WARNING: GRAPHIC) around 8pm tonight in @nygovcuomo @andrewcuomo’s #Buffalo NY. we’ve reached a new level of evil, monster like behavior that neglects humanity. you see one cop go to check to see if he’s okay & a cop stops him to remind him to keep moving. this who the cops are. this is how they are being told to behave. this man is bleeding out his ear & they absolutely do not care. wrap your head around this. this is America 2020. this is all over the country & you’ve been blissfully unaware of this. change that. get involved. save lives. ✊ #GeorgeFloyd #BlackLivesMatter 🏴 #PoliceBrutality #NYPD #NYC #Midtown #Manhattan #BarclaysCenter #Brooklyn #DefundThePolice #FoleySquare #BrooklynBridge #Minneapolis #JusticeForGeorgeFloyd #ExcessiveForce #ThisIsAmerica #MinneapolisPolice #ICantBreathe 🏳️ (at Buffalo, New York) https://www.instagram.com/p/CBCUV6gAI9K/?igshid=1h87bcn661pre

[alexanderrogge]

John H. Bryan - Cop SLAMS High School Girl at Traffic Stop:

JusticeForVivian #SouthWhitley #TrafficStop #PoliceBrutality #PoliceMisconduct #Misconduct #Malfeasance #Lies #EvidenceSuppression #ExcessiveForce #WrongfulArrest #DefundThePolice #FourthAmendment #CivilRights #Law

[usnewsper-politics]

Outrage Over Police Dog Attack Raises Concerns About Racial Profiling #accountability #excessiveforce #policebrutality #policedogattack #racialprofiling

[joelsilberman]

First convection under the new police accountability law

A police officer who uses excessive physical force is guilty of a criminal offense and other officers who fail to intervene in such offenses are also guilty. If you are a victim of excessive physical force used by police, it is your right to seek justice and compensation for the wrong done to you.

Read more... https://bit.ly/42DOo9u

[theconnectsean-blog]

We see you! #amerikkka #stopresisting #police #fbi #dea #sherriff #excessiveforce #muder #lawenforcement #policereform #defundthepolice #blacklivesmatter (at Atlanta, Georgia) https://www.instagram.com/p/CO8rfpTn0Xp/?igshid=1dskg6r0vwqxv

[sheniq]

#excessiveforce #resistingarrest https://www.instagram.com/p/Ch3Iam8rNQ8/?igshid=NGJjMDIxMWI=

[tommiesunshine]

these protests are just beginning. hope y’all ready for a LONG summer in the streets‼️ ✊ #Juneteenth #BreonnaTaylor #RayshardBrooks #RobertFuller #MalcomHarsh #GeorgeFloyd #SayTheirNames #BlackLivesMatter 🏴 #AllPowerToThePeople #PoliceBrutality #ExcessiveForce #DefundThePolice #DefundTheNYPD #NYPD #NYC #WashingtonSquarePark #Midtown #Manhattan #BarclaysCenter #Brooklyn #FoleySquare #BrooklynBridge #Minneapolis #JusticeForBreonnaTaylor #ThisIsAmerica #MinneapolisPolice #ATLPolice #NoJusticeNoPeace #ICantBreathe 🏳️ (at Saint Marks Place, NYC) https://www.instagram.com/p/CBv1ZGBByJm/?igshid=1pjumzbq6j8fm

[usnewsper-politics]

Stockton Schools' New Plan: Building a Positive Learning Environment for Students #academicperformance #attendancerates #communityengagement #cultureoflove #Englishlanguagelearners #excessiveforce #graduationrates #mentalhealthservices #parentalinvolvement #positivelearningenvironment #restorativejusticepractices #StocktonUnifiedSchoolDistrict #studentdiscipline #studentwellbeing #superintendent #supportiveeducationalenvironment. #teachertauntingstudent #trustbuilding

[joelsilberman]

Updated NEW JERSEY ATTORNEY GENERAL OFFICE USE OF FORCE REPORTING PORTAL GUIDE issued

A new NEW JERSEY ATTORNEY GENERAL OFFICE USE OF FORCE REPORT IN PORTAL GUIDE was released in January.

The victims of excessive force used by police have right to seek justice. Attorney Joel Silberman is there to fight for your right to seek justice. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

Read more... https://bit.ly/3JjkKNp