Hi scottyyy,
Here you go. The fourth amendment to the United States Constitution
guarantees people the right not to be treated with excessive force by
government officials. The US Code 42, section 1983, is the relevant
federal civil statute. I've copied and pasted some sections below, but
please click on the links for full details.
U.S. Code, Title 42, Chapter 21, Subchapter 1, §1983 Civil Action for
Deprivation of Rights
?Every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any State or Territory or the District of
Columbia, subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for
redress??
http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001983----000-.html
State of Connecticut, Civil Jury Instructions
6.1 Police Brutality (Violation of 42 USC § 1983 Use of Excessive Force)
?The plaintiff claims that the defendant violated his/her
constitutional right not to be subjected to use of excessive force by
a police officer. He/she brings this claim under a federal law, 42
U.S. Code § l983, that provides that a person acting under color of
state law who violates a person?s rights under the United States
Constitution can be held liable for money damages to the person whose
rights he/she has violated.
In order to prove this claim, the plaintiff must prove:
First, that the defendant was acting under color of state law.
Second, that the defendant engaged in actions that deprived him/her of
his/her constitutional right not to be subjected to use of excessive
force, and
Third, that the defendant?s acts were the proximate cause of the
injuries or losses claimed by the plaintiff.
The first element, acting under color of state law, is not in dispute.
Police officers get their authority under state law, so they are
acting under color of state law when they act in their capacity as
police officers.
The second element requires more explanation. The fourth amendment to
the United States Constitution guarantees people the right not to be
unreasonably seized by government officials, including police
officers. This right is violated if a police officer subjects a person
to excessive force. The right of a police officer to stop and arrest a
person necessarily carries with it the right to use some degree of
physical coercion or contact to effect the arrest. This does not mean,
however, that the officer may use excessive amounts of force..."
"The third element that the plaintiff must establish is that the
defendant?s use of force was the proximate cause of the injuries or
losses that the plaintiff sustained. An injury or loss is proximately
caused by an action if that action was a substantial factor in
bringing about the injury or the loss. The injury or loss must also be
either a direct result or a reasonably probable consequence of the act
of the defendant. In other words, the plaintiff must satisfy you that
his/her injuries or losses were the natural and probable consequence
of the defendant?s acts, and that the defendant ought to have foreseen
that injury or loss was likely to result from such acts."
AUTHORITY
Graham v. Connor, 490 U.S. 392 (l989); U.S. Constitution, amend. IV;
42 U.S.C. § 1983
NOTES
"The most frequent claim of use of excessive force by police officers
is by assaulting an arrestee with fists or objects. Claims of wrongful
use of deadly force by firing a gun are also common. This charge is
written for the assault situation, with a variation set forth for
claims of wrongful use of deadly force. Where the use of force has
resulted in death, the charge will need to be edited to reflect the
fact that the claim is brought by a representative of the decedent?s
estate, asserting the decedent?s constitutional right.?
http://www.jud.ct.gov/civiljury/6-1.htm
6.2 Police Brutality (Claim of Failure of Police Officer to Intervene)
?The plaintiff claims that defendant [name] violated his/her
constitutional right not to be subjected to use of excessive force by
failing to stop Officer [name] from using excessive force. The law is
that an officer who is present at the scene and who has an opportunity
to intervene to prevent use of excessive force is equally liable to
the plaintiff if he/she fails to take reasonable steps to protect the
plaintiff from another officer?s use of excessive force.?
http://www.jud.ct.gov/civiljury/6-2.htm
"By far, the most famous section in the Code is 42 U.S.C. § 1983. It
is the basis for virtually all federal civil rights actions. Many
different types of lawsuits are brought in federal court under that
section; they include everything from excessive force lawsuits against
police to First Amendment lawsuits against public schools to maintain
church/state separation. The section itself is quite short, but in an
annotated version of the U.S.C., its annotations span several
volumes."
http://66.102.7.104/search?q=cache:wKY7hkuUfeoJ:en.wikipedia.org/wiki/United_States_Code+Code,+Title+42,+Chapter+21,+Subchapter+1,+%C2%A71983+excessive+force&hl=en
I was glad to find this for you. If I misunderstood your question or
if you have any questions, please post a clarification request and
wait for me to reply before closing or rating my answer. I am
currently not at my regular post so there may be a delay in
responding, but I will get back to you as soon as possible.
Thank you,
hummer |
