January 5, 2021

You were being arrested, and something went too far. Now you’re hurt, maybe seriously, and you’re not sure whether the law is on your side. Here’s what most people don’t realize: even during an arrest, police can only use force that’s reasonable, and if an officer crossed that line and left you injured, you may have a civil claim, no matter what you were charged with. TL;DR — QUICK SUMMARY Police may use only objectively reasonable force to make an arrest. Force that goes beyond what the situation calls for can be unlawful. If an officer used excessive force and injured you, you may have a civil claim, separate from any criminal case, even if you were charged. Two main paths exist: a federal civil rights claim under 42 U.S.C. § 1983 and a Florida state-law claim for battery. These cases face real hurdles, including qualified immunity and special rules for suing a government agency under Fla. Stat. § 768.28. Deadlines are strict and vary by claim type, so getting legal advice quickly is critical. The Reyes Firm Injured During an Arrest in Tampa? Find out if police used more force than the law allows. Had a bad day? Contact Us Now Reasonable Force standard for any arrest Graham v. Connor § 1983 Federal civil rights claim path 42 U.S.C. § 1983 4 Years Deadline for a battery claim Fla. Stat. § 95.11(3)(o) $0 Upfront cost on contingency Pay nothing unless you recover Can the police use any amount of force to arrest you? No. An officer making an arrest is allowed to use force, but only the amount that’s reasonable under the circumstances. This comes from the Fourth Amendment, and the U.S. Supreme Court spelled out the standard in Graham v. Connor: police force is judged by “objective reasonableness,” looking at factors like how serious the suspected crime was, whether the person posed an immediate threat, and whether they were actively resisting or trying to flee. The key word is reasonable. An officer can use enough force to safely make an arrest. What they cannot do is use force that’s out of proportion to what’s actually happening. When that line gets crossed and someone is hurt, the injury can become the basis for a civil claim, no matter how the criminal side plays out. ⚠️ Deadline Warning: Excessive-force claims run on strict deadlines that depend on the type of claim. A Florida battery claim generally must be filed within four years under Florida Statute § 95.11, federal civil rights claims have their own deadline, and claims against a government agency require written notice even sooner. Don’t wait to talk to a lawyer. What counts as excessive force during an arrest? Excessive force is force that goes beyond what a reasonable officer would use in the same situation. There’s no single checklist, because it always depends on the facts, but some situations raise serious red flags: striking or using a weapon on someone who is already restrained or compliant, continuing force after a person has stopped resisting, or using force wildly disproportionate to a minor offense. The injuries tell part of the story. Excessive force can cause broken bones, head trauma, spinal and brain injuries, and worse. When the force used doesn’t match the threat the person actually posed, and that force causes real harm, it may support a claim, even though an arrest was being made. Does resisting arrest mean the police can do whatever they want? No. This is one of the biggest misconceptions. Resisting arrest is a crime in Florida, and the safest course is always to comply and challenge the arrest later in court rather than physically resist. But the fact that someone resisted does not give officers unlimited authority to use force. Even when a person resists, the force used must stay proportional to the threat. Officers are still required to stop using force once the resistance ends. That means two things can be true at once. A person can be charged with resisting arrest and still have been the victim of excessive force. The criminal charge and the civil excessive-force claim are separate questions, decided under different standards. One does not automatically cancel out the other. 💡 Did You Know? Your civil claim for excessive force is separate from your criminal case and uses a different standard of proof. A criminal conviction requires proof beyond a reasonable doubt, while a civil claim generally only requires showing it’s more likely than not that the force was unreasonable. That’s why you can sometimes pursue a civil claim even when the criminal case resolves differently. Source: Graham v. Connor; 42 U.S.C. § 1983. What kind of claim can you bring if police injured you? There are generally two paths, and sometimes both apply to the same incident: A federal civil rights claim under 42 U.S.C. § 1983. This is the main tool for excessive-force cases. It lets you sue when a government official violates your constitutional rights, here, your Fourth Amendment right to be free from unreasonable force. These cases are usually filed in federal court, and you can seek compensation for your injuries, lost income, pain, and attorney fees. A Florida state-law claim for battery. Excessive force can also be a battery under state law. Battery is an intentional tort, which carries a four-year filing deadline that was not shortened by Florida’s 2023 tort reform. Which path fits, and whether you pursue one or both, depends on the facts and on who’s responsible, an individual officer, a department, or a government entity. That choice has major consequences for deadlines and procedure, which is exactly why these cases need a lawyer’s eye early. What makes these cases hard, and what about suing the government? Excessive-force cases are winnable, but they’re not easy, and it helps to know the obstacles going in. The biggest is qualified immunity, a doctrine that shields officers from personal liability unless their conduct violated a “clearly established” constitutional right. In practice, it