Peaceful protesting is one of our First Amendment rights. Unfortunately, many protests have been met with violent and disproportionate responses from law enforcement. If you or a loved one has experienced police violence against protesters, you have rights — and an experienced civil rights and criminal defense attorney can help to hold law enforcement accountable.
What Constitutes Police Brutality at a Protest?
Police brutality can take many forms, especially during protests. Some of the most common include the following:
- Excessive Force – Officers are only permitted to use proportionate force for the specific situation. When they use batons or tasers on peaceful protesters, this could be deemed excessive force.
- Unlawful Arrests – If you’re arrested without probable cause, such as simply for being present during a protest or recording police activity, that arrest could be unlawful.
- Use of Tear Gas or Rubber Bullets – Though tear gas and rubber bullets are considered “non-lethal,” these crowd control methods can cause serious injuries. Additionally, they’re not always deployed lawfully. Indiscriminate or excessive use can violate the Constitution, particularly if used against nonviolent demonstrators.
In short, police must avoid retaliating against protesters for merely expressing their views. This includes using force to silence dissent or punish demonstrators for criticizing law enforcement.
Steps to Take After an Incident of Police Misconduct
If you were harmed or witnessed police brutality at a protest, you must act quickly to protect your rights and build a strong legal case. The following points explain what to do if police use excessive force at a protest:
- Seek Medical Attention – Your health is your top priority. Even if your injuries seem minor, get checked out. Medical records can also serve as important evidence.
- Document Everything – Write down what happened as soon as you can. Include dates, times, badge numbers, and witness names. If possible, take photos of injuries, clothing, or the protest location. Back up all photos and videos. If someone else recorded what happened, ask them for a copy. Social media posts or livestreams may also be helpful.
- File a Complaint – You can file a formal complaint with the police department’s internal affairs division or civilian review board. While this step doesn’t guarantee you’ll get a positive result, it at least creates a record of the misconduct.
- Talk to a Lawyer – Having legal representation to help you is key, especially for an arrest at a protest. Your attorney can advise you on how to proceed without jeopardizing your case.
How a Police Brutality Lawyer Can Help Protect Your Rights
A police brutality lawyer can help you seek to hold the police accountable. Depending on your situation, you may be able to file a claim in federal or state court. These claims often involve constitutional violations such as unlawful arrest, excessive force, or failure to intervene.
Many police brutality cases result in settlements. A skilled attorney can negotiate assertively to secure the maximum compensation for your medical bills, lost wages, pain and suffering, and emotional distress. If you were criminally charged, an attorney can fight to get the charges dismissed.
If you’ve experienced police brutality at a protest, know that you’re not alone—and you’re not powerless. The Zeiger Firm’s approach is aggressive and experienced, and we’re ready to hold law enforcement accountable for police brutality. Contact us today to discuss your case and learn how we can help.
