Can You Sue the Police if You Get Hurt When Getting Arrested?
Getting arrested is not a pleasant experience, and it can be even more challenging if you get hurt while being arrested. Unfortunately, encountering excessive force during the arrest is something that can happen to anyone. So, what should you do if you believe the police have crossed the line?
If you or someone you love was injured when getting arrested, you might have legal options available to you. Our Boca Raton personal injury lawyers at Leifer & Ramirez can look at the facts of your case to determine whether or not you can sue the police for your injuries.
Examples of Excessive Force When Getting Arrested
Unfortunately, excessive force is not uncommon when it comes to arrests. Police officers have a duty to use only the necessary amount of force to carry out their duties. However, situations can quickly escalate, and the use of excessive force can cause injuries. Some examples of excessive force during an arrest include:
- Choking or using a neck restraint
- Using a taser or stun gun excessively
- Kicking, punching, or beating with a baton when the suspect is already detained
- Using unnecessary pressure on pressure points
- Failing to provide adequate medical assistance
A pregnant woman was injured during a violent arrest in Boca Raton in June 2023. According to a report by WSVN, a police officer was under investigation after throwing a pregnant woman on the ground and placing her in handcuffs in the parking lot of a gas station.
Can You Sue the Police if You Get Hurt When Getting Arrested?
Yes, you can sue the police if you get hurt when getting arrested. However, it’s worth noting that lawsuits against the police can be complicated. Because police officers have qualified immunity, it is challenging to prevail in court in cases of police misconduct. Additionally, suing the police is time-consuming and costly, and it’s essential to have experienced legal representation.
What Is Qualified Immunity?
Qualified immunity is a principle that protects government officials from being held accountable for wrongful acts or omissions committed while performing their duties. This principle can be used as a shield by police officers to protect them from lawsuits brought by people injured during an arrest. Still, it is essential to note that qualified immunity is not absolute, and it does not shield officers who violate a person’s constitutional rights.
To overcome qualified immunity, the plaintiff needs to prove that the police officer violated clearly established law or that their conduct was objectively unreasonable. This means that an attorney will have to show that the police officer’s actions were unjustified and clearly violated the plaintiff’s rights.
Speak with a Lawyer
Getting hurt during an arrest is not a new phenomenon. In some cases, people are injured due to the use of excessive force by police officers. If this happens to you, you could be able to sue the police. However, you need an attorney who has experience in representing clients injured by police and understands the intricacies of these types of cases. Our lawyers at Leifer & Ramirez can explain what qualified immunity is and how it may apply to your case if you suffered injuries when getting arrested. Call 561-660-9421.
Source:
wsvn.com/news/local/florida/pregnant-woman-thrown-to-ground-by-officer-in-boca-raton-says-violent-arrest-stemmed-from-misunderstanding/
