Trusted civil rights and excessive force attorneys with a record of results for victims of police misconduct.
If you were injured by law enforcement in San Francisco, CA, what happened to you is a serious legal offense. Our San Francisco, CA excessive force lawyer can evaluate what happened and tell you how we can find justice. The Bloom Firm was founded by Lisa Bloom, who has been practicing law since the early 1990s. We represent plaintiffs and victims exclusively and do not defend the police. Contact us today for a free consultation on your situation.
Excessive Force Lawyer San Francisco, CA
What does it mean to have a claim for excessive force? Under the Fourth Amendment to the U.S. Constitution, police are permitted to use force only when it is objectively reasonable under the circumstances. Objectively, so not what the officer believed in the moment, but what a reasonable officer would have done given the same facts.
When force goes beyond that standard, whether it’s a baton strike, a harmful restraint technique, a rubber bullet, or a firearm discharge, it can give rise to a civil rights claim under federal law. In San Francisco, state law adds additional protections for individuals that go beyond the federal floor. A San Francisco excessive force attorney can help you understand both avenues and which path gives you the strongest opportunity at meaningful recovery.
Types of Excessive Force Cases We Handle in San Francisco
The Bloom Firm represents individuals in civil litigation arising from police misconduct and law enforcement abuse. We handle cases on a contingency basis, meaning there are no upfront costs.
- Civil rights violations. We’ve represented transgender clients, individuals from immigrant communities, and others who faced targeted or discriminatory use of force. The Bloom Firm has also litigated civil rights violations involving discrimination alongside force claims.
- Police brutality. Physical force used without legal justification, including strikes, takedowns, chokeholds, and physical restraint that causes injury. We’ve represented clients whose injuries were severe and lasting.
- Less-lethal weapon injuries. These weapons are called “less-lethal,” not “non-lethal”, as they may still cause serious harm.
- Unlawful arrest. Arrests made without probable cause, or detentions that violate your Fourth Amendment rights, can form the basis for a civil rights lawsuit against the arresting agency.
- Shooting cases. Unjustified use of a firearm by law enforcement is among the most serious categories of misconduct we handle.
- Protest-related police misconduct. We have a particular track record in cases involving law enforcement conduct at demonstrations and civil unrest situations. We’ve settled multiple excessive force cases arising from protests, including incidents involving the shooting of George Floyd demonstrators.
- Use of force by school police. Law enforcement operating in school settings is subject to the same constitutional limits. We’ve demanded accountability in cases involving force used against students.
Why Choose The Bloom Firm for Excessive Force Cases in San Francisco, CA?
A Record of Results in Civil Rights and Excessive Force Litigation
Lisa Bloom is a Super Lawyers honoree, selected every year since 2015. She received her J.D. from Yale Law School and has been litigating civil rights cases since the early 1990s. She’s appeared regularly on CNN, ABC, CBS, and NBC as a legal analyst, and she’s argued for victims in cases that drew national and international attention.
Arick Fudali is a former prosecutor who has dedicated his practice to representing victims in civil litigation since 2011. He regularly appears as a legal commentator on CNN, MSNBC, CourtTV, and News Nation to advocate for his clients and others in similar situations.
Our civil rights lawyer in San Francisco, CA focuses on the people who were hurt. We handle excessive force as a sub-area within San Francisco and we approach each case with strategy and full commitment.
No Fees Unless We Win
The Bloom Firm has secured meaningful recoveries for victims of police misconduct and excessive force. Our case results include $1,350,000 and $775,000 in civil rights and excessive force matters, and a $3 million recovery for a peaceful protester shot in the eye by a rubber bullet at a demonstration. In total, our firm has recovered millions of dollars for clients across civil rights and police misconduct matters.
We take excessive force and civil rights cases on contingency, so you pay nothing unless we recover for you. We believe in providing this fee structure to show we are genuinely invested in the outcome as much as you are.
Understanding Excessive Force Cases
Charges, Liability, and Compensation for Excessive Force Cases
California law has its own related statutes that create additional avenues for relief. Key concepts in an excessive force case include:
- Objective reasonableness. Courts look at what a reasonable officer would have done, not what this officer subjectively believed.
- Severity of the crime. Assessing whether the suspect was accused of something serious or relatively minor.
- Threat to officers or others. Evaluating whether there was in fact an immediate and realistic threat to the safety of others.
- Active resistance or flight. Reviewing if the person resisted, attempted to evade, or was simply present.
- Proportionality. Comparing the level of force to what the situation required.
- Qualified immunity. This doctrine can shield officers from individual liability, but it doesn’t bar all claims and is subject to ongoing legal challenge.
Important Aspects of Your Excessive Force Case
Excessive force cases require early, careful preservation of evidence. Unlike many civil matters, the evidence in a police misconduct case can disappear quickly.
- Body camera and dashcam footage is sometimes overwritten on short cycles.
- Witness accounts may fade, along with names, phone numbers, and details need to be documented as close to the incident as possible.
- Medical records establish the nature and severity of the injury and connect it to the incident.
- Internal affairs records and officer disciplinary history may be discoverable and can be critical.
- Department policies govern what force was authorized, as deviation from those policies is relevant evidence.
Excessive Force Case Timeline
Excessive force cases tend to be longer than many clients anticipate. Suing a government entity involves procedural steps that don’t apply in ordinary civil litigation.
- Government tort claim filing. Before suing a California government entity, a claim must be filed within a specified period. This is a prerequisite and missing it can bar your case.
- Investigation and evidence gathering. Body cam footage, medical records, police reports, witness interviews.
- Filing suit and service. The complaint is filed and the government entity is served.
- Discovery. Depositions, document production, expert witnesses. In police misconduct cases this phase often involves extensive litigation over what records the department must produce.
- Mediation or trial. Some cases resolve through negotiated settlement, and others go to verdict. We prepare every case as if it’s going to trial.
What to Bring to Your Excessive Force Consultation
There is certain useful information that we can use during your consultation to thoroughly assess your situation. But you don’t need everything in order to have a case review. We can always gather more information as we need to later on.
- A written account of what happened, in as much detail as you can recall, in chronological order.
- The names or badge numbers of any officers involved, if you were able to get them.
- Photos of your injuries, taken as close to the incident as possible.
- Any medical records or ER documentation you’ve received.
- Names and contact information for witnesses.
California Legal Resources for Excessive Force Cases
California law governs many aspects of civil rights and police misconduct claims, including statutes of limitations, negligence standards, and available damages. Here are resources for locating the relevant laws:
- 42 U.S.C. § 1983: The primary federal vehicle for suing government actors who violate constitutional rights under color of law. Most excessive force lawsuits against police are filed under this statute.
- California Penal Code § 149: Makes it a criminal offense for any officer to assault or beat any person. Relevant as background law establishing the standard of conduct expected of officers.
- AB 392 — California Penal Code § 835a: Revised California’s use-of-force standard for law enforcement. Officers may only use deadly force when necessary to defend against imminent threat of death or serious bodily injury.
Reach Out to The Bloom Firm to Schedule a Consultation
At The Bloom Firm, we take excessive force and police misconduct cases on a contingency basis with no up-front costs. We understand the gravity of excessive use violations, and the harm they cause those involved. When you contact us, we’ll review what happened, ask questions, and give you an honest read on your options. Contact us to schedule your free consultation.