charges for excessive force under specific legal standards
Criminal Charges
If an officers use of force is found to be unlawful, they may face state or federal criminal charges:
State Charges:Local prosecutors may charge officers withassault, battery, or homicide. However, District Attorneys often face political and professional challenges in prosecuting officers they rely on for other cases.
Federal Charges (18 U.S.C. 242):TheDepartment of Justice (DOJ)can prosecute officers for willfully depriving a person of their constitutional rights under color of law.
Failure to Intervene:Officers who witness a colleague using excessive force and fail to stop it can also becriminally prosecuted.
Civil Liability (Lawsuits)
Most accountability for excessive force occurs through civil litigation, where the burden of proof is lower than in criminal trials.
Section 1983 Claims:Under42 U.S.C. 1983, individuals can sue state and local officers for civil rights violations.
Monell Claims:Plaintiffs may sue a municipality or police department if they can prove that an official policy or custom led to theuse of excessive force.
Damages:Successful lawsuits can result inmonetary compensationfor medical bills, lost wages, and pain and suffering.
Recent 2026 Cases
Glendale, AZ (Jan 2026):An officer wasfired and suedfor the fatal shooting of Dillon Siebeck, who was mistakenly identified as a suspect.
Hazard, KY (Jan 2026):A federal judgedismissed a lawsuitagainst the former police chief after a settlement was reached regarding 2024 excessive force claims.
ICE Shooting Inquiry (Jan 2026):Legal debate continues regarding whether anICE agent who shot a womanin Minneapolis can be prosecuted, highlighting the complexities offederal immunity.