19 September, 2021
You need only look at the news to witness the reality of police brutality. While most police officers uphold the law to the greatest standards, the fear and mistrust towards police, especially in Asian countries, cannot be ignored. Police can be notoriously abusive of their authority, and this has been demonstrated numerous times by people like former Staff Sergeant Jonel Nuezca, who shot and killed an elderly lady and her son, both of whom were unarmed.
The police are not infallible, and there are times when they commit misconduct against the very people they are mandated to protect. This raises the question of whether elements of the law can be punished by the law. The simple answer is yes, but there are some elements that must first be established before you can sue a law enforcer for personal injury.
The Use of Proportional Force
While law enforcers are authorized to use force to keep the peace and to protect citizens, they may not exert force without first taking into account the safety of the individual upon whom the force is being used. Force may be used to subdue a person who is threatening to cause harm, but the extent of the force must not be more than what is necessary to neutralize the threat. Any action that uses more force than necessary will be deemed excessive.
Governmental Immunity
Most government agencies are protected from lawsuits by virtue of their sovereign immunity. While this is still true, this protection only extends to elements of the law that cause accidental injuries. For example, if a car chase resulted in collateral damage during the course of the pursuit, those who suffered from the damage cannot sue the pursuit unit as they were merely doing their job.
However, if the agency’s representative willfully caused harm to the victim, then the representative can be sued personally. A representative will also lose governmental immunity if that person was found to have used excessive force during an interaction with a claimant.
Negligence
A personal injury filed against an erring police office is mostly the same from one that is filed against an ordinary citizen (the duty of care, the breach of that duty, direct cause, and damages).
The only difference is that each state lays down different rules for filing a lawsuit against a member of a government agency. Filing a lawsuit against a member of law enforcement will also entail that you’re going to need the help of seasoned personal injury lawyers like the ones from Adam S. Kutner Accident & Injury Attorneys to help you secure fair and full compensation, and justice.
No one is above the law, even those who are tasked with upholding the law are not exempted from the dire consequences that follow the abuse of power and authority. If you’ve experienced such an injustice, always seek legal help, and be mindful enough to gather evidence such as a medico-legal report, witness accounts, and even video of the incident.
