Pulling a gun on a suspect or threatening to shoot someone with a Taser can be considered excessive force, if the situation does not merit such severe action.

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 Police brutality is defined as the intentional use of excessive or inappropriate force by a law enforcement officer. Excessive force can be physical, oral or psychological. Federal laws have been enacted that allow victims of police brutality to sue the individual police officer and in some cases the government employer, such as the local police department. Criminal liability and injunctive relief is possible in some cases.

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When a police officer commits an assault in the line of duty that is unjustified by the circumstances, he is considered at least as culpable as a private citizen would be under the same circumstances. Because police officers are expected to maintain public confidence in law enforcement and because they have been trained to deal with dangerous situations, police officers can be held more accountable than private citizens in assault cases. Criminal liability is also possible.

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Taser/Stun Gun Injuries

• Police departments began using Tasers and stun guns in order to reduce injuries and fatalities caused by the use of live ammunition. Nevertheless, these weapons cause serious pain and in some cases cause injury. Tasers in particular have been marketed as non-lethal weapons, causing some ill-trained police officers to treat them as non-deadly force. The Arizona Republic, however, reported 44 deaths as a result of the use of Tasers between 1999 and 2004 (not necessarily by police officers). The use of a Taser or a stun gun is treated as the use of deadly force, and an officer will be liable for using one in circumstances that do not justify the use of deadly force under the rules of engagement.

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OVERVIEW OF THE POLICE BRUTALITY LAW

When an individual government official, or other person acting under color of law, violates one's civil rights, such a violation may give rise to civil liability, under 42 U.S.C. § 1983. This statute allows a person to sue that individual -- and perhaps his government-employer in certain circumstances -- for money damages. Additionally, if successful on a civil rights claims, the law allows recovery of attorney's fees, under 42 U.S.C. § 1988.
Misbehavior by a government official or agency may well also give rise to "negligence" type claims. Many states have "governmental immunities" acts, "sovereign immunities" acts, "tort claims" acts, and the like. These statutes often outline the nature and extent of permissible claims against the particular governmental entity at issue -- oftentimes, a government agrees to "waive" immunity in certain situations, thus allowing a private citizen to sue on non-civil rights claims as well. Sometimes the statute will impose a monetary cap on recovery, or prohibit punitive (i.e., "punishment") damages, or require specific notice to be given within a specified period of time in order to permit one to bring such a claim. It is imperative, in every situation that possibly invoves police (or other governmental) liability, that you immediately consult with an attorney to determine the particular type of notice, if any, that must be given to the government. Frequently a failure to give such notice will bar absolutely any claims under the pertinent tort claims/sovereign immunity act.
Sometimes tragedies occur when a person who is incarcerated, whether pre-trial or post-trial, is assaulted by other inmates. Or perhaps an inmate has a particular problem that leads him to take his own life. These acts, too, may give rise to civil claims against government officials. When a government limits or restricts one's ability to act on his own behalf -- thereby creating what is known as a "special relationship" -- the law imposes upon that government the obligation to assume some responsibility for his safety and general well-being. This includes the obligation to provide things such as food, clothing, shelter, medical care and reasonable safety. The United States Supreme Court has repeatedly reaffirmed these obligations.

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