Police Excessive Force: Breaking Through "Qualified Immunity"

Excessive force occurs when a law enforcement officer uses more physical force than is necessary to subdue a suspect or protect themselves. Common examples include:

• Shootings: Firing at a suspect who is fleeing or unarmed.
• Tasers: Using a Taser on someone who is already handcuffed or complying.
• Physical Assault: Punching, kicking, or choking a restrained individual.
• Positional Asphyxia: Holding a suspect face-down with weight on their back (like the George Floyd case).

Police officers are protected by a legal shield called "Qualified Immunity." It essentially says you cannot sue an officer unless they violated a "clearly established" constitutional right.

This is a high bar. It is not enough to prove the officer was wrong. We must find prior court cases with nearly identical facts where an officer was held liable. This requires extensive legal research and expertise that general injury lawyers do not have.

You may have two separate claims:

1. State Claim (Negligence): Subject to the Oklahoma Tort Claims Act (GTCA). You MUST file a written notice within 1 year of the incident, or you are barred forever.
2. Federal Claim (Civil Rights): Filed under 42 U.S.C. § 1983. This allows you to sue for constitutional violations and seek attorney fees.

These lawsuits are about more than money. They are often the only way to force a police department to change its policies, improve training, and fire dangerous officers. A verdict speaks a language that politicians understand.