Do I have a police brutality case if arresting officer kicked me in the face many times? 13 Answers as of February 18, 2013

I was not resisting. Im a bigger guy, over 6 feet tall and the arresting officer was much smaller. I slipped while droping to the ground and while I was down, he kicked me 3 to 4 times in the face, causing my tooth to go through my lip.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The officer will claim you fought with him, resisted arrest, or that you fell down injuring yourself. You need a video or witnesses to make a case.
Answer Applies to: New York
Replied: 2/18/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes you may. You want to talk with a civil rights/police brutality lawyer.
Answer Applies to: Michigan
Replied: 2/18/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
This is not a proper question in this forum. Consult with an attorney who practiced civilly, and consider a lawsuit for violation of your civil rights. Remember, you will face extreme pressure to drop your case, but a good civil rights lawyer should be able to steer you in a realistic direction, while pointing out the danger of proceeding, and its pitfalls.
Answer Applies to: Illinois
Replied: 2/8/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
You may or may not have a claim as much more information is needed. Make sure you have a copy of the video, if any, and photos and medical and police reports regarding the incident. Then contact an attorney in your area that that police brutality and 1983 cases.
Answer Applies to: Michigan
Replied: 2/8/2013
Gregory R. LaMarca, P.C.
Gregory R. LaMarca, P.C. | Gregory R. LaMarca
It depends on whether there are any independent witnesses or video to support your claim. You may have a Section 1983 claim against the officer for unreasonable force.
Answer Applies to: New York
Replied: 2/8/2013
    Hamblin Law Office | Sally Hamblin
    You could depending on all facts and evidence. You stated you were not resisting, so that conduct is not warranted.
    Answer Applies to: Michigan
    Replied: 2/8/2013
    Cook, Skeen & Robinson, LLC
    Cook, Skeen & Robinson, LLC | Shawn H. Robinson
    You likely have a police brutality case. You should consult an attorney who asserts 1983 civil rights cases. In Utah, there is a very short statute of limitations. You also have to commence the case by filing a notice of claim. You should consult a lawyer quickly. Many times, lawyers will do this type of case on a contingency.
    Answer Applies to: Utah
    Replied: 2/8/2013
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