Excessive Force Attorneys in Metairie, Louisiana

The issue of police brutality and the use of excessive force by law enforcement officials is a deeply concerning matter. This form of misconduct can lead to devastating, life-altering consequences for those affected, leaving them not only with physical wounds but also with deep emotional scars.  

Confronting cases of excessive force by a police officer can be challenging, but not only in a legal sense. Victims may feel isolated and powerless and may be hesitant to speak up in a situation where the odds seem to be heavily stacked against them. 

Thus, it's imperative for victims of excessive force to seek the guidance of an experienced excessive force attorney. At the Law Office of Bruce C. Betzer, we bring a profound understanding of the laws surrounding police brutality and have the necessary skills to successfully navigate the process of filing an excessive force claim. 

If you or someone you know has been a victim of excessive force, reach out to us today. Located in Metairie, Louisiana, we proudly serve clients in Chalmette, New Orleans, Jefferson Parish, and St. Tammany Parish. 

What Is Excessive Force? 

Excessive force is a subset of police brutality that specifically pertains to situations where law enforcement officers use more force than is reasonably necessary to accomplish a lawful police objective.

It is a form of misconduct that undermines law enforcement's role in society, often leading to a loss of public trust in the police force. Examples of excessive force can include: 

• Verbal abuse 

• Psychological intimidation 

• Beatings 

• Shootings 

• Improper restraint techniques 

While all instances of excessive force can be considered police brutality, not all acts of police brutality constitute excessive force. Understanding these nuances is crucial in addressing and litigating cases of police misconduct effectively. At the Law Office of Bruce C. Betzer, our team can help you determine what qualifies as excessive force. 

The Impacts of Excessive Force 

The impacts of excessive force on victims can extend beyond the immediate physical injuries sustained during the encounter. In Louisiana, those subjected to such misconduct may experience a range of long-term effects that can deeply affect their quality of life:

• Emotional and psychological trauma: This often accompanies physical wounds, leading to conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, and a pervasive fear of law enforcement.  

• Financial difficulties: Victims often have to pay medical expenses for physical recovery and therapy costs for emotional rehabilitation.  

• Damage to personal and professional relationships: The societal stigma attached to being involved in a confrontation with law enforcement can potentially impact personal relationships and professional opportunities.  

• Erosion of trust in policing institutions: The use of excessive force not only impacts the individual victim but can impact entire communities, undermining the fundamental principle of public safety and law enforcement protection.  

The knowledgeable guidance and support of an experienced excessive force attorney can help confront these physical and emotional challenges. Our team is equipped to advocate for your rights to help prevent future instances of excessive force. 

Louisiana Laws on Excessive Force 

Louisiana law enforcement agencies are governed by policies that set forth the standards and limitations on the use of force. These policies are designed to ensure that police officers use only the amount of force that is necessary in a given situation. Violations of these guidelines can lead to internal disciplinary actions as well as provide a basis for civil liability. 

The Louisiana Civil Code allows victims of police brutality to file a civil lawsuit for damages. This encompasses physical injury, emotional distress, and other losses incurred due to excessive force. Victims can seek compensatory damages for medical expenses, lost earnings, and pain and suffering, as well as punitive damages designed to punish the offending officer and deter future misconduct. 

Additionally, while not specific to Louisiana, Section 1983 of the U.S. Code is frequently used in excessive force cases. This federal law enables individuals to file lawsuits against police officers and other government officials who violate their rights under the Constitution or federal law. 

At the Law Office of Bruce C. Betzer, we are familiar with Louisiana’s laws on excessive force and are committed to leveraging this knowledge to protect your rights and pursue justice on your behalf. 

What Should You Do If You Experience Excessive Force? 

If you experience excessive force from a police officer, taking the right steps immediately can be crucial for your safety and any future legal action: 

• Document Everything: Write down every detail of the encounter as soon as possible, including the date, time, location, names, and badge numbers of the officers involved, as well as any witnesses present. 

• Seek Medical Attention: Prioritize your health and safety by getting medical treatment for any injuries. Request copies of all medical records, as they will serve as important evidence. 

• Report the Incident: File a complaint with the police department's internal affairs division or civilian complaint board. Keep a copy of the complaint for your records. 

• Do Not Publicize Your Experience: Refrain from discussing the details of the incident on social media or with anyone outside of your legal counsel. Public statements can sometimes be used against you in your case. 

• Consult with an Experienced Attorney: Contact a police brutality attorney as soon as possible to discuss your case. An attorney can guide you through the legal process, help you build a case against the officers involved (if you aim to sue), and work to secure the compensation you deserve. 

Understanding Qualified Immunity 

Qualified immunity is a legal doctrine that shields government officials, including police officers, from being held personally liable for constitutional violations—like excessive force—under Section 1983, unless they violated clearly established statutory or constitutional rights that a reasonable person would have known.  

This doctrine is meant to protect officers from the burdens of litigation stemming from their official duties, provided their actions could reasonably be considered lawful in the situation at hand. However, in cases of police brutality and excessive force, qualified immunity can present a significant obstacle for victims seeking accountability and justice.  

The courts must determine whether the rights violated were clearly established at the time of the incident and if the officer's actions were obviously beyond the scope of reasonable conduct.

While qualified immunity can present a challenge in cases of excessive force, our team has the experience and knowledge to help you understand this concept and advocate for the compensation you deserve. 

How Can Our Firm Help? 

At the Law Office of Bruce C. Betzer, we understand the challenges involved in excessive force cases. Our team has a deep understanding of Louisiana laws on police brutality and is committed to fighting for your rights. Some of the services we offer include:  

• Collecting Evidence: Our team has access to resources that can help us gather crucial evidence for your case, including medical records, police reports, and surveillance footage. 

• Filing an Excessive Force Complaint: We will help you file a formal complaint with the relevant authorities and pursue all legal avenues to hold the responsible parties accountable. 

• Negotiating Settlements: Our attorneys have extensive experience in negotiating settlement agreements with defendants, seeking an outcome that is beneficial for you. 

• Litigating Your Case in Court: If necessary, our attorneys are prepared to take your case to court and advocate for your rights before a jury.