You were beaten during an arrest. Officers used a chokehold when you weren’t resisting. Police shot you or a family member without justification. Police brutality violates your constitutional rights, and victims can pursue civil lawsuits for their injuries. These cases are challenging but winnable—and they’re an important tool for holding law enforcement accountable.
Quick Answer
You may be able to sue police officers for brutality under Section 1983 of federal civil rights law if they used excessive force in violation of your Fourth Amendment rights. The biggest obstacle is qualified immunity, which protects officers unless they violated “clearly established” law. You may also have state law claims for assault, battery, and wrongful death. A civil rights attorney can evaluate whether you have a viable case.
What Is Police Brutality?
Police brutality refers to excessive or unnecessary force by law enforcement. It can include:
- Beatings and physical assault
- Chokeholds and neck restraints
- Tasering when unnecessary
- Shooting unarmed individuals
- Continued force after a person is restrained
- Force against non-resisting individuals
- Unreasonable force during searches
The Legal Standard: “Objective Reasonableness”
Courts evaluate force using the “objective reasonableness” standard from Graham v. Connor. Force is excessive if, considering the totality of circumstances, a reasonable officer would not have used that level of force.
Factors courts consider:
- The severity of the crime at issue
- Whether the suspect posed an immediate threat
- Whether the suspect was actively resisting or fleeing
- The need for quick decisions in tense situations
Legal Claims for Police Brutality
Section 1983 (Federal Civil Rights)
The primary tool for suing police. Under 42 U.S.C. § 1983, you can sue any person who, acting “under color of law,” violates your constitutional rights.
For excessive force, you must prove:
- The officer was acting under color of law (on duty or using police authority)
- The officer violated your Fourth Amendment right to be free from unreasonable seizure
- Qualified immunity doesn’t apply
State Tort Claims
You may also sue under state law for:
- Assault: Threatening imminent harmful contact
- Battery: Intentional harmful or offensive contact
- Wrongful death: When excessive force causes death
- Intentional infliction of emotional distress
State Civil Rights Laws
Some states have their own civil rights laws that may provide additional remedies or avoid federal qualified immunity.
The Qualified Immunity Problem
Qualified immunity is the biggest barrier in police brutality cases. It shields officers from liability unless they violated “clearly established” constitutional rights.
What This Means
To defeat qualified immunity, you often need:
- A prior case with very similar facts where the conduct was found unconstitutional, OR
- Conduct so obviously wrong that any reasonable officer would have known
How Courts Apply It
Courts have dismissed cases because:
- The prior case involved a slightly different weapon or circumstance
- No court had specifically addressed this exact type of force
- There was any arguable basis for the officer’s actions
Recent Developments
- Colorado, New Mexico, and some other states have limited qualified immunity for state law claims
- Congress has debated federal qualified immunity reform
- Some courts are applying the doctrine more narrowly
Despite qualified immunity, many brutality cases succeed—particularly when the force was clearly excessive.
Who Can Be Sued?
| Defendant | Liability |
|---|---|
| Individual officers | Directly liable under Section 1983 |
| Supervisors | Only if personally involved or deliberately indifferent |
| Cities/municipalities | Only if a policy or custom caused the violation (Monell liability) |
| States | Generally immune under sovereign immunity |
Suing the City
To hold a city liable, you must show the violation resulted from:
- An official policy
- A widespread custom or practice
- A decision by a policymaker
- Deliberate indifference in training or supervision
Cities often pay settlements and judgments even in cases against individual officers through indemnification.
What You Can Recover
- Medical expenses: Treatment for injuries caused by the brutality
- Lost wages: Income lost due to injuries
- Pain and suffering: Physical pain and emotional trauma
- Emotional distress: PTSD, anxiety, depression
- Punitive damages: In cases of egregious misconduct (against individual officers)
- Attorney fees: Section 1983 allows prevailing plaintiffs to recover attorney fees
- Wrongful death damages: If a family member was killed
Steps to Take After Police Brutality
1. Seek Medical Attention
Get immediate medical care. Document all injuries with photos and medical records.
2. Preserve Evidence
- Write down exactly what happened while it’s fresh
- Note officer names and badge numbers
- Identify witnesses and get contact information
- Photograph visible injuries
- Save any video (security cameras, bystanders’ phones)
- Request body camera and dashcam footage (may require formal request)
3. File Complaints
File complaints with:
- Internal affairs/police department
- Civilian oversight board (if one exists)
- Department of Justice (for pattern investigations)
Note: Internal complaints rarely result in meaningful discipline, but they create a record.
4. Handle Criminal Charges
If you face criminal charges from the incident:
- Focus on the criminal case first
- Don’t give statements that could be used against you
- An acquittal or dismissal strengthens your civil case
5. Consult a Civil Rights Attorney
Police brutality cases are complex. An experienced attorney can:
- Evaluate your case against qualified immunity
- Preserve evidence before it’s destroyed
- Navigate federal court procedures
- Present expert testimony on reasonable force
Statute of Limitations
Time limits are critical:
| Claim Type | Deadline |
|---|---|
| Section 1983 | Uses state personal injury deadline (usually 2-3 years) |
| State tort claims | Varies (often 1-2 years) |
| Claims against government | May require tort claims notice in 6 months to 1 year |
Don’t wait—consult an attorney promptly.
Frequently Asked Questions
Can I sue if I was resisting arrest?
Possibly. Even if you were resisting, officers can only use proportionate force. Once you stop resisting, force must stop. Excessive force is still excessive regardless of initial resistance.
What if I have a criminal record?
Your criminal history doesn’t eliminate your constitutional rights. However, defense attorneys may try to use it against you. Focus on the specific incident and the force used.
Can I sue if I wasn’t seriously injured?
Yes, though damages may be limited. Even “minor” force can violate your rights. Some courts have awarded significant damages for psychological trauma without severe physical injury.
Will the officer personally pay?
Usually cities indemnify (pay for) officers, so even judgments against officers are typically paid by the city. Punitive damages against individual officers are an exception.
How long do these cases take?
Typically 1-3 years. Cases often settle before trial. Complex cases involving qualified immunity appeals can take longer.
When to Contact a Lawyer
Consult a civil rights attorney immediately if:
- You were seriously injured by police
- A family member was killed by police
- Officers used force when you weren’t resisting
- Force continued after you were restrained
- You have video evidence of the incident
- There are witnesses to what happened
Many civil rights attorneys take police brutality cases on contingency and offer free consultations.
Last updated: January 2025
This article provides general information about police brutality lawsuits in the United States. Laws vary by jurisdiction. Consult with a qualified civil rights attorney for advice specific to your situation.
