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What legal hurdles must be overcome to win a lawsuit for excessive force?

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you know there have been a number of
cases in recent years of police
shooting and killing unarmed
people and that often becomes
a situation where
the families
sue the police officers and the police
department
but the courts have
provided
extreme
obstacles to overcome
holding those police officers
accountable one of those things is
called qualified immunity and it’s
become very controversial
uh police officers have this
unique defense that they are allowed to
raise
uh that they’re immune from suit
based on certain qualifications based on
certain circumstances and that is if
they perceived
uh
that the person they shot and killed was
a threat to them or to others
it’s supposed to be an objective
perception but it’s often interpreted in
a subjective way
which means that if the officer had a
legitimate reason to believe that the
person he or she shot was a threat
they’re immune from liability that’s a
difficult standard to overcome and the
supreme court has recently doubled down
on that even though a number of
intermediate federal appellate courts
have questioned that doctrine and so
there’s a lot of
effort in the u.s congress to legislate
that away and to pass a law that that is
not a legit legitimate defense
but that is still a significant obstacle
to overcoming
a police brutality case

Austin, TX personal injury attorney Scott Hendler discusses the legal hurdles one must be overcome to win a lawsuit for excessive force by a police officer. He explains that in recent years, there are numerous cases of police officers shooting and killing unarmed individuals, often prompting families to sue both the officers and the police departments. However, the courts impose significant hurdles for holding officers accountable, most notably the doctrine of qualified immunity, which is highly controversial. This legal defense allows officers to claim immunity from suit if they perceive the person they shoot as a threat to themselves or others. Although the standard is meant to be objective, it is frequently applied subjectively, meaning that if an officer has any legitimate reason to believe a threat exists, they are generally shielded from liability. This presents a challenging barrier for plaintiffs, and while several intermediate federal appellate courts question the doctrine, the Supreme Court recently reaffirms it. Efforts are underway in Congress to legislate changes to limit or eliminate qualified immunity, but it remains a formidable obstacle in police brutality cases.

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