Can you see if you were injured by law enforcement? It’s possible. There are various factors to consider:
- Was the injury a result of unreasonable force?
- Was your injury significant?
- Do you have medical records proving your injuries?
If yes, to the above – you may have a case. Talk to an attorney, like Kirakosian Law, who specializes in civil rights and injury law.
What is unreasonable force?
It varies from case to case, but some things to keep in mind are:
Was it proportional to the situation?
Were you strangled, choked, or suffocated?
Were you severely injured?
Did police escalate to deadly force in a non-deadly situation?
Consider the case of Jacobo Juarez Cedillo for a moment. He was thought to be under the influence. He was detained and forcefully held against the ground by an officer using his significant weight to pin him. He passed out and died 5 days later in a hospital. Public intoxication is a misdemeanor offense in California. And, penalties can include fines up to $1000 and/or AT WORST jail time up to 6 months. A man dying over that while not resisting forcibly against multiple officers is a case that merits compensation. In this case, his family was awarded $13.5 Million USD for excessive force, civil rights violations, liability for lack of training and more.
Injures and Proof
If injured, ensure you go to the emergency room as soon as possible and get documentation. Here’s what counts as solid evidence when it comes to a run in with law enforcement:
- Medical records
- Video recordings
- Body cams
- Eyewitness testimonies
Everything else is difficult to prove and boils down to “he said, she said” oftentimes. FYI, eyewitness testimony is considered to be unreliable and does not hold up in court as strongly as the other mentioned points.