Illinois DUI Lawyer Blawg
Excessive force is when a police officer uses force beyond what a police officer should reasonably believe is necessary. A police officer may be held liable for using excessive force during an arrest, traffic stop, or other detentions–such as during an Illinois DUI arrest. A police officer can also be liable for failing to prevent or explicitly endorsing another officer’s use of force. While excessive force is typically a civil charge, there are related criminal charges, such as assault by a police officer.
This fall, a 41-year-old Northern California police officer was arrested for assaulting a DUI suspect with his baton. The victim was taken to the hospital to be treated for injuries that were not life-threatening. After being cleared by the doctors, he was taken to jail on DUI charges, failure to yield, and resisting arrest. The victim claimed that in beating him with the baton, the officer broke the victim’s arm and fractured his finger. He continues to deal with emotional trauma resulting from the incident.
The Rocklin Police Officer was taken into custody in late September 2017. He was charged with assault with a deadly weapon causing great bodily harm, filing a false police report, and assault under the color of authority. The last charge is defined as follows by the California Penal Code: