Mace and pepper spray are widely used by law enforcement as tools for crowd control and for subduing suspects exhibiting combative behavior. While these chemical agents are marketed as non-lethal, their improper or excessive use can cause serious harm, emotional trauma, and long-term health complications.
In recent years, concerns have grown over how often police officers misuse these substances, particularly during protests, routine stops, verbal confrontations, and against people who are not posing any real threat.
Like regular citizens, law enforcement officers are subject to legal boundaries. When they cross those boundaries by the unreasonable use of force, they may be held accountable. Victims harmed by the unlawful use of pepper spray by police may have the right to pursue legal action. If you or someone you love sustained serious bodily injury by the use or misuse of chemical spray, you need a strong legal advocate to help you seek justice.
As a trusted Philadelphia pepper spray lawyer and mace injury attorney, Brian Zeiger is ready to evaluate the circumstances of your injury, help you understand your rights, and fight for the justice you deserve. The Zeiger Firm has extensive experience providing legal assistance to victims of police excessive force.
Legal Use of Mace and Pepper Spray in Philadelphia
Mace and pepper spray are legal in Philadelphia. Civilians are permitted to use chemical spray for self-defense, provided they refrain from using mace or pepper spray for an unlawful purpose. However, you may not be allowed to bring pepper spray or mace into certain buildings, such as courthouses or schools.
Law officers are authorized to use mace and pepper spray in situations that comply with their use-of-force policies. For example, the Philadelphia police department allows officers to use chemical sprays when a person is resisting arrest. Other options for subduing non-compliant suspects include physical control holds.
Police and other law enforcement officers are trained to assess a situation and use proportional force to subdue a suspect. For example, if someone is complying with an officer’s commands, pepper spray or mace would not be appropriate. Police are limited to the use of non-deadly force unless a suspect poses a life-threatening danger.
Depending on the department’s policies, officers may be required to warn individuals before using chemical sprays. Certain situations raise questions about whether the use of pepper spray was justified. Common examples include using pepper spray against peaceful protesters or during routine stops.
How an Experienced Criminal Defense Lawyer Can Help
If you have suffered physical harm due to the unlawful use of pepper spray by police, you may have questions about holding the law enforcement officials accountable. An experienced criminal defense lawyer can help victims of excessive force navigate the legal system and demand justice.
The Zeiger Firm is led by Brian Zeiger, a highly experienced trial lawyer with a strong track record of representing clients in the Philadelphia area in cases involving excessive force, wrongful arrests, police brutality, and police misconduct. The Philadelphia police brutality attorneys at the Zeiger Firm consider themselves trial attorneys and fight aggressively on behalf of the clients we represent. Our law firm tailors its legal strategy on a case-by-case basis to the specific facts and contributing factors of each situation, pursuing the best possible outcome for each client.
When we evaluate a case, we first determine whether you have a viable civil rights claim. If you have grounds for a lawsuit, our legal team will gather evidence to support the claim. This may include medical records, police reports, bodycam footage, surveillance footage, and eyewitness testimony. Depending on who was responsible for your injuries, we will file a lawsuit in state or federal court. Throughout the process, our firm will advocate for your rights and demand accountability.
In many excessive force cases, the victims are wrongly charged in criminal cases, often as an attempt to justify police misconduct. Our law firm can offer dual representation. The Zeiger Firm can defend you against criminal charges while we pursue your claim in civil court.
As an excessive force lawyer in Philadelphia, Brian Zeiger is ready to stand up for you and fight for the justice you deserve.
When Does the Use of Mace and Pepper Spray Become Excessive Force?
Under the Fourth Amendment and the Supreme Court case Graham v. Connor, “excessive force” occurs when an officer’s actions go beyond what is objectively reasonable for the situation. In other words, using pepper spray against people who are restrained, or not resisting arrest, or otherwise not posing an immediate threat, is likely excessive force.
Situations where chemical sprays may be excessive include:
- Spraying people who are already handcuffed or subdued.
- Use against minors or vulnerable populations.
- Deployment in confined spaces or without warning.
- Retaliation during peaceful protests or verbal confrontations.
There are other situations where using mace and pepper spray may qualify as excessive force. The best way to find out whether you were a victim of excessive force is to call The Zeiger Firm today.
Legal Rights of Victims of Excessive Force
Victims of unlawful use of chemical sprays are protected under both state and federal laws.
Constitutional protections include:
- Fourth Amendment: This amendment protects against unreasonable searches and seizures, including the use of excessive force.
- Fourteenth Amendment: This amendment guarantees due process. It’s particularly relevant when cases involve minors or vulnerable populations.
Depending on the specific facts of your case, you may have one or more legal options in state and federal courts to hold law enforcement accountable. These include:
- Federal civil rights claims: Victims may be entitled to file lawsuits under 42 U.S. Code § 1983 for violations of their constitutional rights by law enforcement.
- State tort claims: State claims include actions for assault, battery, intentional infliction of emotional distress, and wrongful death. Victims of excessive force often require medical attention. You may seek compensation for medical expenses, lost wages, and other related expenses and losses.
- Punitive damages: While rare, punitive damages may be applicable if the officer’s force used was malicious, willful, or recklessly indifferent.
If you believe you’ve been a victim of excessive force, you may ask yourself, “What are my legal rights if police used excessive force with chemical spray?” The sooner you call The Zeiger Firm, the sooner you’ll have reliable answers to guide your decisions. Attorney Brian Zeiger provides legal help for police excessive force victims.
Contact Brian Zeiger for Your Free Consultation
When your civil rights have been violated, you need aggressive and experienced legal representation. The Zeiger Firm has a proven track record of success in both criminal defense and civil rights claims. Let us help you demand accountability – call today for a free consultation.
