Excessive Force Attorneys in Kansas City, Missouri

In the wake of the shooting and deaths of Renee Good and Alex Pretti in Minneapolis, there has been a lot of misinformation and confusion regarding whether the force used by law enforcement officers violate federal law or state law. With all the misinformation, if you are asking “Can you sue the police department for excessive force?”, the answer depends on the facts, but many victims may have a valid civil rights lawsuit against police.  Filing a lawsuit against a police department, a police officer or law enforcement for excessive force is based upon federal and state law and can be challenging.  

At Denning Law firm, we represent individuals in Kansas City and throughout Missouri and Kansas whose constitutional rights violated by police have caused serious harm. Our excessive force lawyer Kansas City team includes experienced civil rights lawyer professionals who handle cases involving police misconduct and excessive use of force. If you are searching for a police misconduct attorney near me, our experienced excessive force attorneys are available to review your case. We offer free consultations.   

What is considered excessive force by police?  

To understand the excessive force definition under federal law, courts rely on standards established by the United States Supreme Court. In Graham v. Conner, the Supreme Court recognized that a police officer’s use of force must be reasonable based upon the facts and circumstances of each particular case, including the severity of the crime at issue, whether the individual poses an immediate threat to the safety of the officers or others and whether he is actively resisting arrest or attempting to evade arrest.  Recently, the Supreme Court stated in Barnes v. Felix, that the force used by a law enforcement officer must be objectively reasonable based upon the totality of the circumstances considering all the relevant circumstances, including the facts and events leading up to the moment of force. This excessive force definition requires courts to evaluate the totality of the circumstances, not just the final moment when force is used.   

Police misconduct examples and excessive force may include: 

• Shooting an unarmed or non-threatening individual 

• beating, hitting, kicking or continued use of force on a restrained person 

• unnecessary baton strikes 

• improper chokeholds 

• improper takedowns 

• the misuse of rubber bullets 

• the misuse of tasers/stun guns 

• the misuse of pepper spray or the use of handcuffs that are too tight causing a permanent physical injury 

These are situations where courts may find that cops using excessive force have violated constitutional protections and rights. 

Not all use of force by police is considered excessive under the law. An officer’s use of force may not be excessive if you did not suffer a physical injury. Also, an officer may use non-deadly force to detain a person where they are resisting arrest, fleeing or not following lawful commands if the force is not excessive i.e., an officer cannot shoot an unarmed suspect who is fleeing but may be able to break the window of a car if a person refuses to roll down the window. If a suspect is armed and is a threat to the officer, other officers or the public, the use of deadly force may not be excessive even of the suspect is shot multiple times. The number of times a person may be shot by officers does not mean that the use of force was excessive. However, where possible, an officer must give a warning before deadly force may be used.  

Whether a police officer used excessive force often depends on the specific facts of what occurred. The key issue is whether police violate rights by using force that is greater than what is reasonably necessary under the circumstances. A civil rights lawyer can assist you in determining if you have been the victim of excessive force by a police officer.  

Can you sue the police for excessive force? 

In many cases, the answer is yes, and a civil rights lawsuit against police may be brought under federal law. Federal law allows individuals to pursue a civil rights lawsuit against police when their constitutional rights are violated by police occur. Section 1983 (42 U.S.C. §1983) allows a person to sue a police officer when the officer deprives a person of any rights, privileges or immunities secured by the Constitution. This includes your right to be free from unreasonable searches and seizures under the Fourth Amendment. If an officer uses excessive force during a stop, arrest or detention, the officer may have violated your Fourth Amendment rights. If other officers are present and fail to intervene, they too may be liable for violating your Fourth Amendment rights.  

A victim of excessive force also may be able to bring claims against the police department if they are the victim of excessive force by one or more officers. However, claims against the police department and supervisors can be challenging. Typically, police supervisors cannot be held liable for the actions of other police officers. However, where a policy or custom exists of officers using excessive force, a police department may be held liable. Also, a superior may be liable for excessive force claims where there was a failure to train or supervise that caused injury and the superior was aware of a pattern of similar acts by employees. A civil rights lawyer can help determine if a police superior, other officers, the police department or city may be liable if you were the victim of police misconduct.  

When are police officers entitled to immunity? 

Immunity can prevent police officers from being sued for excessive force. Contrary to statements of some politicians, law enforcement officers, federal, state or local, do not have absolute immunity when they wrongfully shoot, kill or injure someone. Whether a police officer has immunity is determined by whether the lawsuit is based upon federal or state law and the specific facts of each case.  

Under federal law, a police officer may have qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known. It is clearly established that you have the right to be free from excessive force. Officers may not be entitled to immunity when they use unnecessary deadly force, strike or beat a restrained suspect, body slams a nonviolent, nonthreatening, and compliant person, fails to provide a warning before using a police dog or places handcuffs on an individual too tightly causing permanent physical injury to the hands or wrists.  

Claims in Missouri and Kansas for use of excessive force by police 

In addition to claims based upon federal law and Section 1983, an individual may, under certain circumstances, be able to sue based upon state law. In Missouri and Kansas, those state law claims may include assault, battery, wrongful death, and false imprisonment. These claims frequently include excessive use of force and other civil rights violations. If you have been the victim of excessive force, a police brutality lawyer can help determine how to sue cops for excessive force under federal law, state law, or both.  

Missouri makes it difficult to hold officers liable under state law claims for excessive force. Police officers may be entitled to official immunity unless their actions are malicious. An officer’s actions are malicious if the officer acts contrary to duty, with a wicked purpose or in reckless disregard of others' rights, and with the actual intent to injure or prejudice another. Also, if a police officer has discretion in carrying out his duties, he may have official immunity under Missouri law. An experienced police misconduct civil rights attorney can help determine if a police officer’s misconduct was malicious or if the officer is entitled to immunity under Missouri law.  

The Kansas Tort Claims Act may provide immunity to a police officer. The Tort Claims Act provides immunity where the officer is acting within their discretion when performing their official duties. However, it does not allow for immunity when an officer commits an intentional act that is tortious, like battery. There are specific notice requirements for bringing state law claims in Kansas against police officers. Failure to comply with those notice requirements can bar your claim.