Excessive force cases require a detailed understanding of federal civil rights law, and attorney James H. “Jamie” Shoemaker, Jr. has extensive litigation experience in significant federal matters where constitutional protections are at the center of the claim.
What Excessive Force Means Under the Constitution
Excessive force claims are analyzed under the Fourth Amendment, which protects individuals from unreasonable seizures. Courts apply an objective reasonableness standard, meaning the question is not what the officer intended, but whether a typical officer in the same situation would view the force as appropriate. Several factors guide this analysis, including the severity of the alleged offense, whether the individual posed an immediate threat, and whether the person was resisting or attempting to flee.
Because no two encounters are exactly alike, courts look closely at the context surrounding the incident. A rapidly evolving, tense situation may be evaluated differently from an interaction in which an individual was already restrained or was complying with commands. Even small details, such as the positions of the individuals involved, the timing of each action, and the officer’s perception of risk, may be significant in determining whether a constitutional violation occurred.
The Role of Evidence in Excessive Force Claims
Evidence plays a critical role in excessive-force litigation. Body-camera recordings, dashboard footage, and bystander videos often provide key insight, but they must be interpreted within the legal framework that governs police conduct. Medical documentation, photographs, witness statements, radio communications, and forensic analysis may also shape how a court evaluates the events.
Expert testimony can add another layer of clarity. Specialists in police practices may explain how trained officers are expected to respond in specific scenarios. This can be especially helpful when the video does not capture every angle or when the officer’s explanation differs from the physical evidence.
Why Legal Experience Matters in Excessive Force Cases
Civil rights claims involve complex standards, procedural hurdles, and defenses that government entities frequently raise. Attorney Shoemaker is experienced in federal litigation and helps you to understand your options, determine what evidence is most important, and evaluate whether the facts support a potential claim.
If you live in Newport News, Hampton, VA, and beyond, and believe that your constitutional rights were violated, review your case with an attorney who understands how courts assess excessive force claims. To discuss a possible civil rights concern, please contact our firm at 757-223-4560.