民事和刑事
charges for excessive force under specific legal standards
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Criminal Charges
If an officer’s use of force is found to be unlawful, they may face state or federal criminal charges:
- State Charges:?Local prosecutors may charge officers with?assault, battery, or homicide. However, District Attorneys often face political and professional challenges in prosecuting officers they rely on for other cases.
- Federal Charges (18 U.S.C. § 242):?The?Department of Justice (DOJ)?can prosecute officers for willfully depriving a person of their constitutional rights under "color of law".
- Failure to Intervene:?Officers who witness a colleague using excessive force and fail to stop it can also be?criminally prosecuted.?
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Civil Liability (Lawsuits)
Most accountability for excessive force occurs through civil litigation, where the burden of proof is lower than in criminal trials.?
- Section 1983 Claims:?Under?42 U.S.C. § 1983, individuals can sue state and local officers for civil rights violations.
- Monell Claims:?Plaintiffs may sue a municipality or police department if they can prove that an official policy or custom led to the?use of excessive force.
- Damages:?Successful lawsuits can result in?monetary compensation?for medical bills, lost wages, and pain and suffering.?
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Recent 2026 Cases
- Glendale, AZ (Jan 2026):?An officer was?fired and sued?for the fatal shooting of Dillon Siebeck, who was mistakenly identified as a suspect.
- Hazard, KY (Jan 2026):?A federal judge?dismissed a lawsuit?against the former police chief after a settlement was reached regarding 2024 excessive force claims.
- ICE Shooting Inquiry (Jan 2026):?Legal debate continues regarding whether an?ICE agent who shot a woman?in Minneapolis can be prosecuted, highlighting the complexities of?federal immunity.
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Before 2025, several landmark cases and incidents shaped the legal and social framework of police excessive force in the United States.
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Landmark Supreme Court Precedents
Before the?2025 Barnes v. Felix ruling, three cases established the core legal standards for force:
- Tennessee v. Garner (1985):?Established that officers cannot use?deadly force against a fleeing suspect?unless they have "probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
- Graham v. Connor (1989):?Established the?"objective reasonableness" standard, requiring that use of force be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 hindsight.
- Scott v. Harris (2007):?Ruled that an officer’s attempt to?terminate a high-speed car chase?that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even if it places the fleeing motorist at risk of serious injury.?
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High-Profile Historical Incidents
- Rodney King (1991):?The?beating of Rodney King?by LAPD officers and their subsequent acquittal sparked the 1992 Los Angeles Riots, one of the most significant periods of civil unrest in U.S. history.
- Amadou Diallo (1999):?Unarmed immigrant?Amadou Diallo was shot 41 times?by NYPD officers who mistook his wallet for a gun. All officers involved were acquitted.
- Michael Brown (2014):?The fatal shooting of Michael Brown in Ferguson, Missouri, led to?widespread protests?and a major DOJ investigation into systemic bias within the Ferguson Police Department.
- George Floyd (2020):?The murder of George Floyd in Minneapolis led to the?largest racial justice protests?in decades and resulted in a record?$27 million civil settlement.?
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Historical Settlements (Pre-2025)
- Randy Cox (2023):?Reached a?$45 million settlement, the largest in U.S. history for police misconduct, after being paralyzed during a police van transport in Connecticut.
- Laquan McDonald (2014):?Chicago paid a?$5 million settlement?after dashboard camera footage showed Officer Jason Van Dyke shooting the 17-year-old 16 times as he walked away.
- Eric Garner (2014):?His family received a?$5.9 million settlement?after his death from a prohibited chokehold during an arrest for selling untaxed cigarettes.
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