Excessive Force and Police Misconduct in Michigan

What Counts as “Excessive Force”?

Police officers are allowed to use force in certain situations, but the force must be reasonable under the circumstances. When the force goes beyond what was necessary, it may be considered excessive.

Examples include:

• Beating or striking a person who is already restrained

• Using Tasers or pepper spray without justification

• Applying chokeholds or dangerous restraint techniques

• Firing a weapon when the person does not pose a serious threat

• Using force in retaliation for verbal protest or non-violent resistance

Courts look at factors such as:

• The severity of the alleged crime

• Whether the person posed an immediate threat

• Whether the person was resisting arrest or attempting to flee

This standard comes from the Fourth Amendment and cases such as Graham v. Connor (U.S. Supreme Court, 1989), which established the “objective reasonableness” test.

What Rights Do I Have Under Federal and Michigan Law?

Most excessive force lawsuits are brought under 42 U.S.C. § 1983, a federal law that allows individuals to sue government officials who violate their constitutional rights. In Michigan, you may also have related state law claims, such as assault and battery.

Key points:

• The Fourth Amendment protects against unreasonable searches and seizures, including the use of excessive force.

• The Eighth Amendment prohibits cruel and unusual punishment (applies mainly to convicted prisoners).

• Michigan law recognizes that officers, like anyone else, can be held liable for assault and battery if they use unlawful force.

What Defenses Do Police Officers Raise?

One of the biggest hurdles in excessive force cases is qualified immunity. This doctrine shields officers from liability unless it’s shown that they violated a “clearly established” constitutional right.

In practice, this means:

• Courts look at whether a reasonable officer would have known their actions were unlawful.

• Qualified immunity can lead to early dismissal of cases unless strong evidence shows a violation.

Municipalities (cities, counties) may also deny responsibility by arguing the officer acted outside their training or that no unconstitutional “policy or custom” existed (Monell v. Department of Social Services).

What Compensation Can I Recover in an Excessive Force Case?

If successful, victims of excessive force in Michigan may recover:

• Medical expenses (ER visits, rehabilitation, future care)

• Lost wages and lost earning capacity

• Pain and suffering, emotional distress, and PTSD

• Punitive damages (in federal court, against individual officers in certain cases)

• Wrongful death damages (if a loved one died due to excessive force)

• Attorney’s fees and costs (under 42 U.S.C. § 1988)

How Long Do I Have to File an Excessive Force Lawsuit in Michigan?

In Michigan, most § 1983 civil rights claims follow the state’s three-year statute of limitations for personal injury cases (MCL § 600.5805). That means you generally have three years from the date of the incident to file suit.

Acting quickly is important to:

• Preserve physical evidence (video, photographs, medical records)

• Secure witness statements

• Request and protect police bodycam or dashcam footage

How We Handle Excessive Force Cases

Excessive force lawsuits are complex, often involving multiple legal hurdles, government defendants, and aggressive defense strategies. We can approach these cases by:

• Investigating early to gather medical records, photos, videos, and eyewitness accounts

• Filing requests to obtain bodycam, dashcam, and dispatch recordings

• Working with police practices experts to evaluate whether the force used violated accepted standards

• Building strong claims to survive qualified immunity and municipal liability challenges

We know the tactics law enforcement and insurers use, and we fight to make sure victims of police misconduct are heard and compensated.

Get Help Today

If you or a loved one suffered serious harm from police excessive force in Michigan, don’t wait to seek legal advice. Contact us today for a free consultation.