Idaho Criminal Defense Blog : Boise Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

When a police officer goes too far – and uses excessive force – he can be held accountable for the harm he causes. Police officers have a tough job. We rely on them to keep us safe, and most of the time an officer uses force it is justified. Still, if you have been harmed by the actions of a police officer, you may have a case. The officer and his or her agency may be responsible for your damages.

Holding a law enforcement officer accountable is not an easy assignment. The evidence must make it clear that the force used was unreasonable or unnecessary. For example, if an officer used a baton or stun gun on someone who was simply arguing whether he or she had been speeding, a case might be made that the officer had used excessive force.

Here are three things to keep in mind about your potential excessive force claim:

First, a law enforcement officer may use force that is necessary under the circumstances presented. So not every use of force will result in a case.
Second, juries want to believe that law enforcement officers “did the right thing” when confronted with a tough situation. This means that you will likely start at a disadvantage when it comes to credibility, so your choice of a lawyer to handle the case is critical to your possible recovery.
Finally, there are procedural hurdles designed or intended to keep you out of court and to limit your recovery. Do not wait to contact an attorney and review your rights as the passage of time may destroy any opportunity you have to recover.

To safeguard your rights, your lawyers need to build your case expecting to go to trial. This means that we will help you safeguard evidence, document your medical treatment, account for lost wages and employment, and identify and interview witnesses.

If you or a family member have been injured or killed as the result of a confrontation with the police, call us for a free consultation.

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You may recall that I recently wrote about an incident involving a Boise man who was Tasered against Boise Police Department policy and the City Ombudsman's decision that the officers had violated their policy and his rights.  He planned to sue for damages while local officials could not find a criminal charge to use against the officer.  Today we have a reminder of just how much danger a Taser may pose to each of us if not used "correctly."

The Charlotte Observer reports that city will pay the family of a 17-year-old who died after being shocked by a Taser, $625,000.  The paper reports that the officer kept pulling the Taser trigger for 37 seconds - while the boy collapsed and ultimately died.  

Power - again the power we give the police requires them to act reasonably, so says the Constitution.  

And most officers do act reasonably. But when they do not - a victim has a cause of action for the damages caused by the officer's actions.  I know that Tasers are supposed to be safe when properly used, but the safety of the device depends on the person using it.  You know - sort of that "Tasers (guns) don't kill people, people kill people."  Let's hope this never happens in Boise - and that the officers we count on for protection will act reasonably.

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 An Idaho Statesman article reports on the findings of the Boise Police Ombudsman that officers used excessive force when they used their Taser on a suspect's "buttocks."  OK - so another poor fool got the Taser and now the Ombudsman wants us all to understand that even he can identify misconduct when he sees it - or hears it.  That would be screaming and pleading and the smell of "ham" frying.  Here's what the Ombudsman reportedly found:

"The suspect said that he was hit three times with a Taser after he was already handcuffed and face-down on the floor. Murphy's investigation found evidence that the suspect was hit twice with the Taser — once in the back before he was handcuffed and once in the buttocks after he was cuffed."

Of course the notion of excessive force usually involves injuries, sometimes deadly injuries. I posted about this before and provided a video of what it looks like to get the Taser treatment.  Check that one out to see what you think about this "non-lethal" force.  

Here's what I cannot figure out - what happened to those cops who could take control of a suspect without Tasing or beating or whining about how tough their job is?  Why do they get all that training on the use of reasonable force, only to pass a personal "tasing" so that they can then deploy the Taser instead of reason or reasonable force. The officers I meet in court seem fit enough to handle almost any drunken fool WITHOUT the use of Tasers, so why go for the simple solution?  

Then again, nobody died.  And give the officers a break on the "inappropriate language" beef.  The constitution does not guarantee civility, it simply outlaws cruelty.  These officers put up with a lot of grief from suspects, and an occasional verbal shot across the bow won't likely ruin anyone who is in that "under arrest" situation.  Of greater concern by far is the notion of young men (mostly) being treated unreasonably when arrested. 

If you have been subjected to excessive force during an arrest - join in here - share your story by commenting on this post.

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