Police are allowed to use force in some situations. They are not allowed to use more than the situation reasonably requires. If you were hit, tackled, shot with a Taser, or otherwise hurt by an officer who went too far, you may have a claim in federal court, in Colorado state court, or both.
How courts decide whether force was excessive
For people who are arrested or stopped, courts ask whether the force was objectively reasonable under the circumstances, looking at facts the officer knew at the time. The Supreme Court’s decision in Graham v. Connor points courts to several factors:
- How serious the suspected crime was
- Whether the person posed an immediate threat to officers or others
- Whether the person was actively resisting or trying to flee
No single factor decides the case. A person suspected of a minor offense who is not threatening anyone and is not resisting is in a very different position from someone who is violent and armed.
Taser claims
A Taser is not a harmless tool. It can cause serious pain, falls, and injury, and courts treat its use as force that has to be justified. Taser cases often turn on questions like:
- Was the person actually threatening anyone, or only arguing, walking away, or failing to respond immediately?
- Was the person already handcuffed, on the ground, or otherwise under control?
- Did the officer give a clear warning and a chance to comply?
- How many times and for how long was the Taser used?
Body-worn camera footage, dash camera video, bystander recordings, and the Taser device’s own data logs can all show what really happened.
Other force claims
- People held in jail awaiting trial: Force is judged by whether it was objectively unreasonable.
- People serving a sentence: The Eighth Amendment applies, which generally requires showing the force was used maliciously and sadistically to cause harm, rather than to keep order.
- Force during a protest or while filming police: These cases can also involve First Amendment retaliation claims (claims for retaliating against a person for exercising their right to free speech)
Federal and state claims
Excessive force claims are brought under 42 U.S.C. § 1983 in federal court. Colorado also allows a state-law claim against peace officers under C.R.S. § 13-21-131 where qualified immunity is not a defense. Read how the Colorado claim works.
Steps to protect your claim
- Get medical care and tell the provider how you were hurt. Keep every record.
- Photograph injuries right away and again as they change over several days.
- Write down what happened: officers’ names and badge numbers, the agency, the time and place, and who saw it.
- Preserve video. Ask nearby businesses and witnesses to keep footage. Many businesses overwrite recordings within days.
- Be careful with statements. Talk to a lawyer before speaking with internal affairs or posting online.
Frequently asked questions
What if I was charged with a crime too?
A criminal charge does not always end a civil claim, but the two can affect each other, so tell us early.
What if I wasn’t seriously injured?
Injury severity affects the value of a claim, but force can be unlawful without a lasting injury.
Who can I sue?
Possibly the individual officers and, depending on the claim, the agency.
How long do I have?
Two years is the general limitations period for these claims in Colorado, but some claims against government bodies can have shorter notice requirements. Do not wait.
Talk to a civil rights lawyer
Request a consultation or call (720) 316-8061.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any other matter.