Law enforcement officers are expected to use force when apprehending a suspect. Whether if its through the use of batons, or, in regards to this article, handcuffs, police are expected to employ some degree of force in bringing a suspect into custody. However, there is a point where this degree of force becomes excessive and can result in a number of truly devastating injuries. Many who experience injuries due to tight handcuffs or the injurious application of handcuffs, often ask whether or not they can sue law enforcement for applying excessive force during their apprehension into custody. While the best way to answer this questions is through the assistance of a personal injury attorney, this article will cover the basics of suing the police, or security guard company responsible for your injuries. At Normandie Law Firm our skilled attorneys can help you sue the police for injuring your hands and wrists by using handcuffs inappropriately. Our legal team can help you not only file your handcuff injury lawsuit, but can help you discern whether or not you are able to file a lawsuit for your case in the first place. If you have any questions after reading this article please feel free to reach out to our law offices for a free consultation by one of our skilled legal associates.
Can I Sue The Police For Injuries Caused By Handcuffs?
When clients with handcuff injury cases come into our law firm seeking representation they often ask whether or not they can sue a security guard company or law enforcement for placing handcuffs too tightly around their hands. To put it simply, yes, you can sue a law enforcement officer or security guard company for excessive force using handcuffs. However, it is important to note that filing a lawsuit against law enforcement, in particular, is incredibly challenging. Security guard companies are somewhat easier, but you still must have adequate evidence to back up your case.
In regards to suing a law enforcement officer, the process can be somewhat challenging. Law enforcement officers are a form of a government agency and as such require a higher burden of proof in order to bring them to court. Essentially, in suing a police officer for using excessive force with handcuffs you must be able to prove that there was some form of misconduct in the way they apprehended you. In any claim of misconduct, you must be able to prove that there is a pattern of this police officer using excessive force against suspects. For instance, you will have a far more difficult time proving misconduct through excessive force if this is the officer’s first offense. You must also be able to prove that the police officer used unreasonable and excessive force which led to serious injury or even death. Unfortunately, there isn’t a concrete definition of excessive force, so it is up to the victim to be able to prove that such amount of force wasn’t needed in their situation.
When filing a case against the police it is important that you do the following to ensure a more positive outcome for your suit:
- Speak to a civil rights attorney as soon as you can, as they will better understand the complexities that come with suing a police officer or law enforcement officer for the damages caused by excessive force.
- Collect as much evidence as possible by taking pictures of the injuries, gathering eyewitness accounts, and holding on to any clothing or any other property that was damaged by police.
- Report the incident to the police department, as well as the United States Department of Justice and the United States Attorney General’s Office.
All of these steps are recommended to be done under the guidance of a skilled attorney, as any misstep in the process of building your case could cause your case to be dismissed from court entirely.
The same can be said of lawsuits filed against security guards or security guard companies. While the process of filing a lawsuit against a security guard for excessive force is far less challenging, it is still important that you have adequate evidence to support your claims of having experienced excessive force with a use of handcuffs.
Whether you’re filing a lawsuit against a law enforcement officer or a security guard for injuring you with handcuffs you must be able to prove the negligence of either party. Police officers and security guards owe a legal duty to enforce a certain degree of force in response to a particular threat. This is where adequate evidence comes into play, as you will need to use said evidence to prove the following was evident in your case:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (law enforcement officer or security guard) owed a legal duty to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
A successful claim of negligence is key to the having a satisfactory outcome for your case. However, it is important to also know and understand the kind of damages excessively tight handcuffs can cause.
The Damages Caused By Handcuffs
When someone is apprehended by a law enforcement officer or a security guard a certain degree of force is used in handcuffing and apprehending the suspected individual. However, when excessive force is used in handcuffing a suspect some truly damaging injuries can occur. These injuries are usually localized around the hands and wrists, however, they can affect the lifelong well-being of an individual. Some of these hand and wrist injuries caused by tight handcuffs are listed below:
- Nerve Damage
- Sprains and Strains
- Bone Fractures
- Bruising
- Abrasions
- Neuropathy
As stated before it is important to understand the damages that you experienced as a result of excessive force being used with handcuffs. Knowing the damages can make the difference in what kind of lawsuit you will eventually file. For instance, if you experienced nerve damage or neuropathy as a result of the violent handcuffing incident, you will want to file a nerve damage or neuropathy lawsuit against the party responsible. As a result, the compensation that you are awarded after finding a successful outcome for your case will fit the damages that you had suffered. When filing a lawsuit though it is always important to have adequate and skilled legal representation. With the right lawyer on your side, the odds of finding a successful outcome to your case are in your favor.
– Security Guard Sexual Harassment & Assault Lawyer – Lawsuit
How Normandie Law Firm Can Help
Taking on a law enforcement officer or security guard company for using excessive force can be incredibly challenging alone. Fortunately, with the help of a skilled attorney, you can find the monetary compensation you deserve for the damages you wrongfully had to endure. Our law firm has years of expertise in fighting for the rights of those injured by security guards and law enforcement. Those who file their case with our Angeles law firm could find some if not all of the following damages compensable to them:
- Past and Future Medical Bills
- Loss of Wages
- Loss of Potential Future Wages
- Pain and Suffering
- Emotional Distress (depression, anxiety, PTSD, etc…)
- Punitive Damages
At Normandie Law Firm we can help you sue the party responsible for your damages and can guide you through the process of building a case, filing a claim, and collecting compensation for the damages. While our attorneys are based in Los Angeles, they also practice in San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, Sacramento and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up to their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
