Excessive Force Lawyer
Serving Clients in California, New York, Florida & Nationally
We trust law enforcement not only to enforce the law but also to follow it. Police officers have a very difficult job, and they perform it well most of the time, but there are instances when they cross the line and become the ones breaking the law.
Bloom Fudali helps those who have been injured by members of law enforcement who acted above and beyond the law by using excessive force, resulting in injury to someone.
- Excessive force occurs when the physical force used by law enforcement to detain or arrest someone is reasonably considered to be more than necessary for the situation.
- Civil rights laws do not provide strict guidelines or clear definitions of reasonable or excessive force, so the issue is decided on a case-by-case basis based on the facts of each incident.
For you to be successful in these cases, you need an aggressive, knowledgeable, experienced attorney who not only knows the law, but who can argue effectively that you deserve compensation for injuries caused by the use of excessive force. Bloom Fudali attorneys have handled dozens of excessive-force cases over the years. Our success stories include:
- A federal case involving racial profiling, unlawful arrest, use of excessive force, and violation of due process rights against the City of Antioch and Antioch Unified School District. Our clients, three African-American students, obtained a $775,000 monetary settlement, and the defendants agreed to a consent decree requiring the school district to revise its policies to combat racial discrimination.
- A six-figure monetary settlement in an excessive force case on behalf of an African-American client against the Oakland Police Department.
- A confidential financial settlement on behalf of a client in an unlawful arrest and excessive force case against the City of Hayward and a private security company.
- Bloom Fudali subbed in to save another attorney’s case on the verge of dismissal and achieved a tremendous victory for an assaulted victim by quickly and aggressively conducting an investigation, interviewing witnesses, hiring experts, and securing the depositions of the overly aggressive police and security guards.
Lisa Bloom has written a bestselling book ( Suspicion Nation), many articles, and speaks frequently on television, radio and to community groups about racial profiling and excessive force, which she has called “THE civil rights issue of our time.” She is one of the nation’s most constant and outspoken voices on behalf of police abuse victims.
Bloom Fudali represents victims of excessive force and police misconduct throughout the country. Founder Lisa Bloom has spent over three decades fighting for individuals against powerful institutions. Our attorneys are licensed in California, New York, and Florida, and we handle cases nationwide. If the police violated your rights, contact us for a free consultation.
Why Choose Bloom Fudali for Your Excessive Force Case?
Exposed to High-Stakes Civil Rights Litigation
Police misconduct cases pit individuals against government agencies with significant resources and institutional protections. Winning requires attorneys who won’t be intimidated by qualified immunity defenses, union lawyers, or city attorneys trained to make these cases go away quietly.
Lisa Bloom built her career taking on exactly these kinds of fights. She founded Bloom Fudali in 2010 after decades as a trial attorney and civil rights advocate. A Yale Law School graduate, she has practiced since the early 1990s and has been recognized as a Super Lawyer every year since 2015. Her work as a legal analyst for CNN, NBC, CBS, and ABC reflects her commitment to public accountability for those who abuse power.
Exposed to Results in Excessive Force Cases
Bloom Fudali has recovered millions of dollars for victims of police violence. Case results include a $1.35 million recovery in an excessive force matter and $775,000 in another civil rights case.
During the George Floyd protests in 2020, the firm represented multiple victims of police violence at demonstrations across California. We secured $3 million for Nia Love, a peaceful protester shot in the eye by Sacramento law enforcement with a rubber bullet, leaving her blind in one eye. We also represented Bradley Steyn, a South African anti-apartheid activist beaten and shot in the genitals by LAPD rubber bullets at a Los Angeles demonstration.
Victims Only
We exclusively represent plaintiffs and victims. Bloom Fudali does not defend police officers, sheriff’s departments, or government agencies accused of misconduct. Every resource we have goes toward holding law enforcement accountable.
Contingency Fee Representation
Excessive force cases are handled on contingency. We receive a percentage of the recovery only if we win your case. You pay no attorney’s fees unless we obtain compensation for you. This structure allows victims to pursue claims against well-funded government defendants without financial risk.
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“Every member of Bloom Fudali is caring and dedicated to their clients. I have referred several of my friends to them over the years and am deeply impressed by their intelligence and commitment.” — Katie Buckland
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Types of Excessive Force Cases We Handle
Excessive force occurs whenever law enforcement uses more physical coercion than a situation reasonably requires. The specific circumstances vary widely, but the constitutional question remains consistent: was the force objectively reasonable under the circumstances the officer faced?
- Police Shootings. Officers are permitted to use deadly force only when they reasonably believe it’s necessary to prevent imminent death or serious bodily harm. Shootings of unarmed individuals, shootings where the suspect posed no immediate threat, and shootings that occur after a threat has ended all raise serious excessive force concerns. These cases often involve the most catastrophic injuries or wrongful death claims.
- Physical Beatings. Punches, kicks, baton strikes, chokeholds. Officers sometimes continue using force long after a suspect is subdued or compliant. The law doesn’t permit punishment. It permits only the force necessary to effect an arrest or protect safety. When officers cross that line, victims have recourse. Knowing what to do immediately after an incident, including documenting injuries and obtaining witness information, can strengthen a claim significantly.
- Taser and Less-Lethal Weapons. Tasers, pepper spray, rubber bullets, bean bag rounds. Law enforcement often characterizes these as “less-lethal” alternatives to firearms. They can still cause serious injury and death. Inappropriate deployment against compliant individuals, repeated taser cycles, and use against vulnerable populations like the elderly or those experiencing mental health crises may constitute excessive force.
- K-9 Attacks. Police dogs are trained to bite and hold. Deploying a K-9 against a suspect who has surrendered, who poses no threat, or who suffers from a condition that makes compliance difficult can result in severe injuries and civil liability.
- Force During Protests. The First Amendment protects peaceful assembly. Law enforcement responses to demonstrations sometimes cross constitutional lines. Indiscriminate use of tear gas, rubber bullets fired at protestors’ heads, and violent dispersal of lawful gatherings have all given rise to successful excessive force claims. Bloom Fudali represented multiple victims of police violence at Black Lives Matter protests in 2020.
- Jail and Prison Abuse. Incarcerated individuals retain constitutional protections. Corrections officers who beat inmates, use excessive restraints, or deploy force as punishment rather than for legitimate security purposes violate the Eighth Amendment. We handle claims arising from abuse in jails, prisons, and detention facilities.
The Legal Standard for Excessive Force Claims
Excessive force claims against law enforcement typically proceed under the Fourth Amendment, which prohibits unreasonable seizures. The Supreme Court established the governing framework in Graham v. Connor (1989), requiring courts to evaluate force from the perspective of a reasonable officer on the scene.
Objective Reasonableness
Courts don’t ask whether force was necessary in hindsight. They ask whether the officer’s actions were objectively reasonable given what the officer knew at the moment force was used. Relevant factors include the severity of the crime at issue, whether the suspect posed an immediate threat, and whether the suspect was actively resisting or attempting to flee.
This standard accounts for the reality that officers make split-second decisions under pressure. But it doesn’t excuse every use of force. When officers have time to assess, when suspects are clearly unarmed or compliant, when force continues after resistance stops, the objective reasonableness analysis often favors the victim.
Qualified Immunity
Government officials can assert qualified immunity as a defense. The doctrine shields officers from liability unless they violated “clearly established” constitutional rights. Courts have interpreted this standard in ways that make it difficult to overcome. The American Civil Liberties Union and other organizations have called for reform.
Qualified immunity isn’t automatic. It requires case-by-case analysis. When existing precedent establishes that particular conduct violates the Constitution, officers cannot hide behind the doctrine. We evaluate qualified immunity defenses carefully and pursue cases where the law supports recovery.
Section 1983
Most excessive force lawsuits proceed under 42 U.S.C. § 1983, the federal civil rights statute that creates a cause of action against state actors who violate constitutional rights. Section 1983 allows victims to sue individual officers and, in some circumstances, the municipalities that employ them.
Filing Deadlines for Excessive Force Claims
Time limits apply to all civil rights claims. Section 1983 borrows statutes of limitations from state personal injury law. In California, you have two years from the date of the incident. New York allows three years. Florida imposes a two-year deadline. The U.S. Department of Justice Civil Rights Division handles federal criminal enforcement, but private civil claims operate on these state-law timelines.
Claims against government entities often require additional procedural steps. California’s Government Claims Act requires filing an administrative claim within six months before suing a public entity. Similar notice requirements exist in other states. Missing these deadlines can bar your claim entirely, regardless of how clear the constitutional violation may be.
What Damages Can You Recover in an Excessive Force Case?
Police violence causes physical, mental, and emotional harm. The legal system provides multiple categories of recovery.
Medical Expenses include emergency room visits, surgeries, hospitalization, rehabilitation, and ongoing treatment. Victims recover the cost of medical care necessitated by the officer’s conduct. Future medical expenses are compensable when injuries require long-term or permanent care.
Lost Income covers time away from work during recovery, reduced earning capacity from permanent injuries, and lost job opportunities. Economic damages account for the financial impact of being unable to work at the same level as before the incident.
Pain and Suffering accounts for intangible losses. Physical pain from injuries. Emotional distress from the trauma of being assaulted by someone in uniform. Anxiety, depression, PTSD. These damages are harder to quantify but no less real. Juries consider the severity of the force, the circumstances of the incident, and the lasting psychological impact.
Punitive Damages punish particularly egregious conduct and deter future misconduct.When officers act with malice, sadistic intent, or reckless indifference to constitutional rights, punitive damages may be warranted. They require proof beyond mere negligence or even recklessness in some jurisdictions.
Attorney’s Fees are recoverable under 42 U.S.C. § 1988. Prevailing plaintiffs in civil rights cases may be compensated for reasonable attorney’s fees. This fee-shifting provision helps ensure that excessive force victims can find representation even when their individual damages might not otherwise justify the litigation cost.
Contact Bloom Fudali
Police departments have resources. They have union lawyers and city attorneys whose job is to minimize payouts and protect officers. Fighting back requires attorneys who understand civil rights law, who have taken on these cases before, and who won’t back down when the defense makes litigation difficult.
If you or a family member experienced excessive force by police, contact us for a free consultation. Put our experience and passion for justice to work on your case.