practice areas

On Your Side When Police Use Excessive Force

When is the use of force by police to subdue a suspect excessive? The question is a difficult one to answer because there is no hard and fast definition of excessive force.

In order to protect themselves and any bystanders, police are allowed to use force that is reasonable and necessary to arrest an individual based on the circumstances of that particular incident. But there are laws to protect individuals from excessive use of force by police. If police overstep their rights and their actions result in injuries, the victim may be able to seek compensatory and punitive damages as well as legal fees.

We employ in-house medical staff to review and assess injuries, we have our own private investigator and we are fully equipped with latest technology to assist us in prosecuting your case. These resources are used to build strong cases that produce results.

Robert V. Phillips, Attorney at Law, represents victims of police misconduct, including excessive use of force, across South Carolina. He has represented clients in these cases since 2006, and has recovered a numerous million-dollar and multimillion-dollar settlements and verdicts.

Proving Police Overstepped Their Rights

The U.S. Supreme Court provides law enforcement authorities with qualified immunity, a defense that allows lawsuits only against officers who "violate clearly established statutory or constitutional rights of which a reasonable officer would have known." This can make it extremely difficult to bring a lawsuit against a police officer. In fact, 90 percent or more of the accusations of excessive use of force by police are dismissed by the courts. That is why it is very important to hire a lawyer who is knowledgeable and has experience in this very particular area of the law.

If it is determined qualified immunity does not apply in a case, there is still much that needs to be shown in order to prevail in a lawsuit. It is critical to enlist the services of an attorney who understands the steps that are necessary to prove police used excessive force. Mr. Phillips, an attorney at McGowan, Hood & Felder LLC, has the experience and the resources required to build strong police misconduct cases.

It is also important to reach us as soon as possible following the incident so we can help preserve important evidence and speak with any witnesses. We frequently resolve lawsuits without going to trial, but the key to doing so is getting an early start collecting evidence in order to build the strongest possible case.

No Attorney Fees Unless We Obtain A Recovery For You

You do not need to be concerned about paying for a lawyer. We accept police misconduct cases on a contingency fee basis, which means you only pay attorney fees if we recover a financial settlement or verdict for you.

If you or someone you love has been injured by a police officer due to the excessive use of force, we welcome the opportunity to review the facts of your case and recommend an effective course of action. Call or use our online contact form to schedule a free consultation.