LA County Judge Claims Excessive Police Force

A Los Angeles County Superior Court Judge, David S. Cunningham, III, claims UCLA police used excessive force Saturday morning after he was stopped for a traffic violation.  According to NBC News, Judge Cunningham claims he was pushed against a patrol car, handcuffed and told he was under arrest for what ultimately amounted to a seatbelt violation.   UCLA's Police Department has acknowledged the judge was indeed stopped and a complaint has been filed.  This incident reportedly occurred after Cunningham was  stopped on Gayley Avenue just after leaving the parking lot of the Westwood LA Fitness.  

What To Do After You Have Been the Victim of Excessive Force

In most instances of police or security misconduct, in which excessive force was used, it is best for the victim to do everything they can not to escalate the situation and run the risk of suffering even more severe injuries.  Many people being apprehended by the police or private security officers believe they are innocent of any crime, and this prompts them to resist.  It is almost always a bad idea to try and overcome the force being used to effect an arrest, even an unlawful one.  Resisting a police officer in the performance of their duty (even if the initial stop is unwarranted) can lead to additional, criminal charges.  The best course generally is to express yourself calmly, and let it be known to those around you that you believe you are being victimized.

Because of "dash cams", cell phone videos and store surveillance footage, many instances of excessive force are recorded.  In the case above, for example, it may well be that the dash cam on the UCLA police cruiser captured at least some of the incident.  If excessive force was used, it will be very difficult for the police officers to overcome such evidence.  Since you as the victim may not know initially if the incident was recorded, it is always a good idea to photograph any visible injuries at the first opportunity.  Police and security officers may only use that force reasonably necessary to effect an arrest, and no more.  Sometimes excessive force is coupled with an unlawful arrest, and in those instances it is best to immediately seek the consult of a criminal defense lawyer as well as one who handles civil rights cases.

If you or a loved one is injured by what you believe was excessive force, an injury attorney with experience at handling such matters can often protect your rights and obtain compensation for your injuries and damages.

SOURCE:  Judge Files Complaint Against UCLA Police for Excessive Force, KNBC News, November 25, 2013, by Patrick Healy and Andrew Lopez

Orange County Police Shooting - Suspect Killed Was Unarmed

A 22-year-old homeless man was shot and killed on Tuesday in Santa Ana, and officials are now confirming he was unarmed.  According to ABC News, the deceased, identified as Hans Arellano, had caused a disturbance at a Santa Ana McDonald's restaurant at around 3:00 p.m..  Arellano had allegedly been involved in two physical assaults on customers and was known to sleep behind the restaurant near the location of the shooting.  According to the news report, there was some sort of confrontation with police, and the officer fired.  While she reportedly had nonlethal weapons available, the officer apparently opted to draw and fire her service weapon instead.  The shooting is under investigation.

The Use of Deadly Force

In the past, police departments often had written policies regarding the use of deadly force that sometimes required an officer to discharge their firearm only after they had "exhausted every other reasonable means of apprehension", before firing.   It was sometimes stated that an officer could not fire their weapon until "all other means failed".  However, those policies did not necessarily set the standard in police misconduct cases that had to be proven in court by an alleged victim or their family.  Currently, the liability of a police officer and their employer, when it is alleged deadly force was unnecessarily used, is measured by a reasonableness standard.  Civil juries are asked  to determine the reasonableness of the officer's actions in light of “the totality of the circumstances at the time,” including “the severity of the crime at issue, and whether the alleged victim posed a reasonable threat to the safety of the officer or others".  Simply because some force was justified does not mean that an officer can simply open fire to bring a quicker, easier end to a confrontation or arrest.  The amount of force must be only that reasonably necessary to overcome the force being used by the suspect.  One way of looking at this is to ask the question: does a simple assault conviction (the allegation against Arellano) carry a death sentence? If the answer is no, and it is, then the shooting is one that has to be carefully examined.

Types Of Remedies Available

In a police misconduct case, the injured party may present both State law and Federal law claims.  Under State law, such cases often involve claims for negligence, assault, battery, intentional infliction of emotional distress, false imprisonment and wrongful death.  Under Federal law, an injured party may allege that their civil rights were violated under color of State law.  This is known as a Section 1983 claim as it is based on Title 42, Section 1983 of the United States Code.  These claims may all be combined in a single lawsuit that can be filed in State court.  The law in this area is very complicated, and the statute of limitations applicable typically requires that certain action against the public entity be taken within 6 months from the date of the incident.

If you or a loved one has been the victim of what you believe may have been police misconduct, contacting a personal injury attorney who handles such cases is perhaps the best way to find out whether a potential claim has merit.

SOURCE:  Man killed in Santa Ana police shooting was unarmed, ABC News, Orange County, July 31, 2013, by Eileen Frere