Police officers are entrusted with authority but that authority is not unlimited. When officers use excessive force, engage in unlawful arrests, or violate a person’s constitutional rights, the consequences can be life-altering.
At Smolen Law | The Alpha Firm, we pursue civil justice when law enforcement misconduct causes serious injury or death.
We do not handle criminal defense.
We hold agencies accountable in civil court.
Excessive force occurs when an officer uses more force than is reasonably necessary under the circumstances. The Fourth Amendment protects citizens from unreasonable seizures — including unnecessary physical force.
Examples may include:
Each case must be evaluated based on the facts, video evidence, witness testimony, training standards, and department policy.
Excessive force cases often involve deeper systemic failures, including:
Our job is to uncover whether this was an isolated incident — or a preventable failure of leadership.
Victims of police brutality may pursue civil claims for:
Families may also pursue wrongful death claims when excessive force results in the loss of life.
Civil rights cases require proof that:
These cases require careful investigation, expert review, and strategic litigation.
Holding law enforcement accountable is not anti-police.
It is pro-Constitution.
Civil litigation protects the rights of every citizen and reinforces the standards that responsible officers follow every day.
When policies are ignored, when leadership fails, or when force is used recklessly, the law provides a remedy.
If you or a loved one has suffered serious injury due to police misconduct, you may have a civil claim.
Smolen Law investigates excessive force cases with precision and determination. We examine body cam footage, training records, department policies, and internal review failures to uncover the full story.
Accountability matters.
And constitutional rights matter.
When Authority Becomes Unlawful Force
Law enforcement officers are allowed to use reasonable force to make an arrest, protect themselves, or protect others from immediate harm.
They are not allowed to punish, retaliate, or continue using force once someone is restrained and no longer a threat.
The legal standard is called “objective reasonableness.” The force used must match the threat at that exact moment — not frustration, not anger, not convenience.
Once a person is:
The level of force that is legally justified drops significantly.
Repeated punching. Knee strikes. Head slamming. Tasing someone who is already restrained. Continuing to strike someone after control is established. These are the types of situations courts examine very closely.
Excessive force is not always dramatic. Many cases involve situations like:
The core question is always:
Was the force necessary at that moment?
Civil rights claims are evidence-driven. Early documentation is critical.
1. Video Evidence
Video showing repeated strikes, force after handcuffing, or escalation instead of de-escalation can be powerful evidence.
Footage must often be requested quickly before it is overwritten.
2. Medical Documentation
Excessive punching or blunt force can cause:
Emergency room records and imaging studies often become central to proving damages.
3. Timing of Force
Courts closely examine when force was used.
Force that may be justified during an active struggle can become unconstitutional once control is achieved.
Important factors include:
Force used after detention is where many cases cross the constitutional line.
4. Policy & Training Violations
Departments have written standards on:
If officers violate their own training or written policies, it can significantly strengthen a civil rights claim.
5. Proof of Damages
Civil claims require measurable harm, such as:
Without documented damages, a case becomes much more difficult to pursue.
Claims against government entities often have strict notice requirements and shorter filing deadlines.
Waiting too long can permanently prevent recovery.
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