Excessive Force Lawyer in Metairie, LA
Injured during an encounter with law enforcement? Our team helps victims of police brutality seek justice and compensation.
Police are entrusted with great power-but when that power is abused, the consequences can be devastating. If an officer used more force than necessary during an arrest, traffic stop, or encounter, you may have the right to take legal action. At The Law Office of Bruce C. Betzer, we stand up for victims of excessive force across Metairie, New Orleans, and Southeast Louisiana. We fight for accountability, civil rights, and fair compensation when officers cross the line.
Common Forms of Excessive Force
01.
Physical Assault During Arrests
Punches, kicks, chokeholds, and other violent tactics are only justified when necessary. If you're already restrained or not resisting, those actions may be unlawful.
Tip: Even if you were arrested for a crime, you still have rights.
If you were injured during an arrest, talk to our team today.
02.
Improper Use of Tasers or Weapons
Stun guns, batons, and other force tools must be used according to strict protocols. Using them unnecessarily-or on the wrong person-may be considered excessive force.
Tip: Video evidence (like from a body cam or bystander) can make or break these cases.
We'll investigate what happened and demand answers.
03.
Deadly Force in Non-Threatening Situations
Police may only use deadly force if there's a legitimate threat to life. Shooting a fleeing suspect, for example, often violates federal law.
Tip: Even if prosecutors don't press charges, you may still have a civil case.
If a loved one was harmed or killed by law enforcement, we're here to help.
What's Typically Covered in Excessive Force Cases
You may have a valid claim if you were:
- Beaten, kicked, or slammed to the ground unnecessarily
- Injured after being handcuffed or restrained
- Tasered or hit with a baton without cause
- Shot or harmed during a traffic stop without resisting
- Treated violently despite being non-threatening
We collect witness accounts, medical reports, police records, and video evidence to build your case.
Who Can Be Held Liable
Depending on the situation, responsible parties may include:
- The individual officer who used excessive force
- A supervising officer who failed to intervene
- The police department or municipality for poor training or oversight
We evaluate every angle and pursue all accountable parties.
Civil Rights Law & Qualified Immunity
Excessive force claims are typically filed under 42 U.S.C. § 1983, a federal civil rights law. These cases often face hurdles like qualified immunity, which protects officers unless they violated "clearly established" rights. We know how to frame your case to overcome these defenses.
We must prove:
- You suffered harm
- The officer acted under color of law
- The force used was objectively unreasonable based on the situation
Timing is also critical-evidence like body cam footage can be erased if not preserved early.
Basic Elements of a Valid Claim
To bring a strong case, we typically need to show:
- You had an interaction with law enforcement
- The officer used more force than necessary
- You were harmed as a result
- The force was not justified by your behavior or threat level
Our team works with legal experts, medical professionals, and investigators to prove what happened-and why it was wrong.
Damages in Excessive Force Cases
Victims of police brutality may be entitled to compensation for:
- Physical injuries
- Emotional trauma or PTSD
- Lost wages or employment
- Medical bills
- Property damage (e.g., broken phones or vehicles)
- Pain and suffering
- Punitive damages (in some cases)
We seek full recovery for every form of harm you experienced.
FAQ
Do I still have a case if I was convicted of a crime?
Yes. Your right to be treated fairly doesn't disappear because of an arrest or conviction. Excessive force is illegal no matter the charges.
What if there are no witnesses?
Many cases rely on body camera footage, security videos, or your medical records. We conduct a thorough investigation and uncover every available source of proof.
How long do I have to file a claim?
You generally have 1 year from the date of the incident in Louisiana. It's critical to act quickly-evidence can disappear fast.
What is "qualified immunity"?
It's a legal shield officers use to avoid lawsuits. It doesn't apply if they violated a clearly established constitutional right-we work to prove that they did.
How much does it cost to hire your firm?
We offer free consultations and work on a contingency basis for civil rights cases. That means you pay nothing unless we win your case.
You Deserve Justice After Police Violence
No one is above the law-not even the police. If you were injured by excessive force in Metairie or the surrounding area, we'll help you stand up for your rights.
Contact The Law Office of Bruce C. Betzer today for a free consultation with an experienced civil rights attorney.