Physical injuries include, among others, skin abrasions/lacerations, bone fractures, asphyxiation, nerve damage, contusions, concussions, skull fractures, brain damage, paralysis, organ damage, and death.
Psychological brutality, including humiliation, threats, verbal intimidation, unnecessary strip searching, and using racial slurs can also cause serious and permanent psychological disabilities, including anxiety, paranoia, stress, phobias, insomnia, anorexia, depression, Acute Stress Disorder (ASD), and Post-Traumatic Stress Disorder (PTSD).
HOW OFTEN DOES POLICE BRUTALITY OCCUR?
More than we’d like to think. A research study called the National Police Misconduct Statistics and Reporting Project on Police Brutality found that between April 2009 and June 2010, nearly 6000 incidents of police brutality were reported, resulting in 383 deaths. And this may be just the tip of the iceberg. Many incidents go unreported.
Attorney Jude Basile is a Central California injury attorney who is passionate about protecting the civil rights of American citizens who have been brutalized or wrongfully arrested by the police. There is no place for heavy-handed police tactics in a democracy, and Jude Basile is committed to holding those police officers who exceed their authority accountable for the injuries they cause when they use unnecessary force, coercion, or outright brutality.
EXAMPLES OF POLICE BRUTALITY
What constitutes police brutality? Generally, it is any unwarranted use of physical force or punishment that is not needed to perform the task the officer is attempting in the line of duty. These are some examples of police misconduct for which police may be held liable if they cause injuries:
- Using a taser without cause when the suspect has done nothing to pose a physical threat; tasering a handcuffed suspect; shocking a suspect repeatedly with a taser
- Using pepper spray unnecessarily or spraying it directly into a person’s nose or mouth; spraying pepper spray at a person who is already having trouble breathing
- Firing tear gas or rubber bullets at random into a crowd during a non-violent protest
- Commanding a police dog to attack a suspect who is not threatening anyone or physically resisting arrest
- Hitting, slapping, kicking, tripping, slugging, or shoving a person who has already been handcuffed, so as to cause injuries
- Putting a suspect in a chokehold
- Beating a person who is not resisting with a baton, or using a baton to hit a person in the head, where it can cause permanent brain damage; striking a person with enough force to break bones or cause a serious injury
- Using verbal intimidation and threats
- Using violence in an attempt to coerce a confession from a suspect
- Sexually assaulting a suspect
- Performing a strip search without good cause as a means of humiliation
It is important to understand that a particular action taken by a police officer may be within the guidelines set by the officer’s department and yet still be an unconstitutional violation of your civil rights. This may create legal complications that can only be handled by very experienced San Luis Obispo police brutality attorney who is well-versed in constitutional law.
DEFENDING YOUR CIVIL RIGHTS
If you or someone close to you has been subjected to this type of police misconduct, you are invited to consult with Jude Basile at The Basile Law Firm to learn the options that might be available to you. Jude will listen carefully to your story, ask pertinent questions, and conduct his own investigation into the matter, aimed at finding evidence that you were not physically resisting arrest and determining:
- If the officer who injured you was acting within departmental guidelines
- If the officer treated you within the guarantees of the U.S. Constitution
- If the arrest could have been made without resorting the degree of violence used
- If the assault took place after you were handcuffed
There is never a charge for a consultation, and you will never receive a bill for legal services until you receive money for your damages. If there is no recovery, you owe nothing. Call us today if you have suffered from police brutality in San Luis Obispo, Monterey, or Santa Barbara.