Police Excessive Force Attorney in Maryland: Your Rights
If a police officer in Maryland used more force than the situation reasonably required, you may have a legal claim, and a police excessive force attorney can help you understand which laws apply to what happened to you. Excessive force claims in Maryland can arise under federal civil rights law, the Maryland Declaration of Rights, and in some cases Maryland common law, depending on the specific facts of the incident.
These cases often involve strict deadlines, government and officer immunity defenses, and evidence, such as body camera footage or medical records, that can be lost or overwritten if it is not identified quickly. This article explains what counts as excessive force, what legal claims may be available, how qualified immunity and government immunity can affect a case, and what steps to take if you or a loved one was injured during an encounter with police in Maryland.
This article is for general informational purposes and is not legal advice. Reading it does not create an attorney-client relationship.
What Does a Police Excessive Force Attorney in Maryland Do?
A police excessive force attorney evaluates whether the force used by a law enforcement officer during a stop, arrest, or other encounter went beyond what was reasonably necessary under the circumstances. This generally involves:
Reviewing available video, including body camera and bystander footage
Assessing the officer's use-of-force report and any internal affairs record
Identifying which legal claims may apply, such as a federal civil rights claim or a Maryland state-law claim
Evaluating immunity defenses that officers and local governments frequently raise
Tracking strict notice and filing deadlines
Not every use of force by police is unlawful. Officers are generally permitted to use a reasonable amount of force to make an arrest or protect themselves and others. An attorney's role is to assess whether the force used in a specific incident was objectively reasonable given the facts known to the officer at the time, which is a core part of Falodun Law's civil rights and police misconduct practice.
What Counts as Excessive Force Under the Law?
Excessive force generally refers to a police officer using more physical force than is reasonably necessary to control a situation, make an arrest, or protect officer or public safety. Under the U.S. Supreme Court's standard from Graham v. Connor, courts assess excessive force claims using an "objective reasonableness" test, weighing factors such as:
The severity of the alleged crime
Whether the person posed an immediate threat to the safety of officers or others
Whether the person was actively resisting arrest or attempting to flee
This standard is applied based on what a reasonable officer would have understood at the time, not with the benefit of hindsight. Because of this, whether a particular use of force was excessive often depends heavily on the specific facts of the encounter.
What Legal Claims Can Arise From Police Excessive Force in Maryland?
Federal Civil Rights Claims Under 42 U.S.C. § 1983. Section 1983 allows individuals to sue a government official, including a police officer, for violating their constitutional rights while acting under color of law. Excessive force claims under Section 1983 are typically based on the Fourth Amendment's protection against unreasonable searches and seizures. The U.S. Department of Justice also enforces federal laws addressing police misconduct, including patterns of excessive force, though that authority is generally used to pursue systemic reforms rather than compensation for an individual person.
State Constitutional Claims Under the Maryland Declaration of Rights.
Articles 24 and 26 of the Maryland Declaration of Rights are Maryland's state constitutional protections against unreasonable searches, seizures, and due process violations. Maryland courts have generally interpreted these articles alongside the Fourth and Fourteenth Amendments, meaning the same facts can sometimes support both a federal and a state constitutional claim.
Common Law Claims.
Depending on the facts, a person injured by police may also have common law claims such as battery, assault, or false arrest. These claims are separate from constitutional claims and involve their own legal standards and immunity rules under Maryland law.
Wrongful Death Claims.
When police excessive force results in a person's death, surviving family members may be able to pursue a wrongful death claim under Maryland law, in addition to any civil rights claims that could otherwise have been brought.
How Does Qualified Immunity Affect a Maryland Excessive Force Claim?
Qualified immunity is a federal legal doctrine that can shield individual officers from liability in a Section 1983 lawsuit unless their conduct violated a constitutional right that was "clearly established" at the time. This defense is raised frequently in federal excessive force cases and can significantly affect how a claim proceeds.
Qualified immunity generally applies to federal civil rights claims rather than to Maryland state-law claims. Common law claims against officers, such as battery, are instead subject to Maryland's own immunity rules, which can sometimes be overcome with evidence that the officer acted with malice or gross negligence. Because immunity issues can be complex and case-specific, they are often one of the first things a police excessive force attorney evaluates.
What Deadlines Apply to a Maryland Police Excessive Force Claim?
Claims involving police officers and local governments in Maryland are subject to strict and sometimes short deadlines. Under Maryland's Local Government Tort Claims Act, a person generally must provide written notice of a claim within 180 days of the incident before suing a local government or its employees, which can include many police officers.
Missing this notice deadline can prevent a claim from moving forward, regardless of its merits. Separate deadlines also apply to when a lawsuit itself must ultimately be filed. Because these deadlines can be measured in days rather than years, getting legal guidance soon after an incident is important.
What Evidence Can Support a Police Excessive Force Claim?
Several types of evidence are commonly used in Maryland police excessive force cases, including:
Body-worn camera and dashcam footage
Bystander video and nearby surveillance footage
Photographs of visible injuries
Medical records documenting the nature and extent of injuries
The officer's incident and use-of-force reports
Witness statements from people who saw the encounter
Internal affairs or Police Accountability Board records, when available
Body camera and dashcam footage are often retained for only a limited time, so identifying and requesting this evidence early can matter. Because these cases involve real physical and emotional harm, they are documented in many of the same ways as other personal injury claims — through medical records, injury photographs, and treatment history.
What Should You Do After an Encounter Involving Police Excessive Force?
Seek medical attention. Document your injuries promptly, even if they seem minor at first.
Photograph your injuries and any property damage. Take photos as soon as possible and continue documenting as injuries develop or heal.
Write down what happened while it is fresh. Include details such as location, time, officer descriptions, and badge or patrol car numbers if available.
Identify potential witnesses. Note contact information for anyone who saw the encounter.
Preserve any video. Save footage you or others may have taken, and note nearby businesses or homes that may have surveillance cameras.
Request any available reports. This may include incident reports, citations, or booking records.
Be cautious about public statements. Avoid posting details about the incident on social media before speaking with an attorney.
Consult a Maryland police excessive force attorney promptly. Many deadlines in these cases are short, so early legal guidance can help preserve your claim.
Common Situations Involving Police Excessive Force in Maryland
Traffic stops that escalate. What begins as a routine stop can sometimes involve force that a driver or passenger believes was unnecessary.
Arrests involving physical restraint. Takedown techniques, handcuffing, and other restraint methods can raise excessive force questions depending on how they were applied.
Use of tasers, batons, or other less-lethal weapons. These tools are subject to the same reasonableness standard as any other use of force.
K-9 unit deployments. Injuries from police dogs are evaluated under the same objective reasonableness framework as other force.
Encounters during welfare checks or mental health crises. These situations can sometimes escalate in ways that raise questions about whether the force used was proportionate.
Incidents occurring after a person is restrained or in custody. Force used after a person no longer poses a threat is often closely scrutinized.
What Can Make a Police Excessive Force Case More Difficult?
Some cases are more straightforward than others. Several factors can make a claim more difficult to support, including:
Conflicting accounts between the person involved and the officer
Limited or no video footage of the encounter
A use-of-force report written from the officer's perspective
Immunity defenses raised early in the case
Injuries that could plausibly be attributed to another cause
Delayed reporting or a gap before seeking medical treatment
These challenges do not mean a claim cannot move forward. They generally mean that early documentation and a careful review of the available evidence become more important.
What Should You Avoid Doing After an Incident of Police Excessive Force?
Avoid posting details about the incident on social media.
Avoid giving a detailed recorded statement to investigators before speaking with an attorney.
Avoid guessing about details you are not certain of.
Avoid ignoring medical treatment or skipping follow-up care.
Avoid waiting too long to consult an attorney, given how short some notice deadlines can be.
Avoid deleting or altering any photos, messages, or video related to the incident.
How a Maryland Police Excessive Force Attorney Can Help
Reviewing available video, reports, and other documentation
Identifying which claims may apply, whether federal, state constitutional, or common law
Evaluating immunity defenses raised by officers or local governments
Tracking notice and filing deadlines
Working with investigators or experts when appropriate
Communicating with government agencies and insurers on your behalf
The specific steps taken depend on the facts of each case. An attorney can help determine which legal theories and evidence are most relevant to a particular encounter.
Frequently Asked Questions
What qualifies as police excessive force in Maryland?
Excessive force generally means an officer used more force than was reasonably necessary under the circumstances. Courts evaluate this using an objective reasonableness standard weighing the threat posed, resistance, and severity of the offense.
Can you sue a police officer for excessive force in Maryland?
Yes, in some circumstances. Claims may be brought under federal law, the Maryland Declaration of Rights, or Maryland common law. Immunity defenses and strict notice deadlines often apply, so early legal guidance matters.
What is qualified immunity and how does it affect my case?
Qualified immunity can shield officers from liability in federal civil rights lawsuits unless they violated a clearly established constitutional right. It generally applies to federal claims, while Maryland state-law claims involve separate immunity rules.
How long do I have to file a police excessive force claim in Maryland?
Deadlines vary depending on the claim. Claims against local governments or their employees often require written notice within 180 days of the incident, and separate filing deadlines also apply, so prompt legal advice matters.
What evidence helps prove a police excessive force claim?
Body camera and dashcam footage, medical records, photographs of injuries, witness statements, and official incident reports can all help support a claim. Identifying and preserving this evidence quickly is often important.
Conclusion
Not every use of force by police is unlawful, but when an officer uses more force than a situation reasonably required, Maryland law may offer more than one path to hold that officer, and in some cases the local government, accountable. Depending on the facts, a claim may involve federal civil rights law, the Maryland Declaration of Rights, or common law claims such as battery, and each comes with its own legal standards and immunity issues. Because notice deadlines in these cases can be as short as 180 days, and because evidence like body camera footage is not always kept indefinitely, acting quickly matters. If you or someone you love was injured during an encounter with police in Maryland, speaking with a police excessive force attorney can help clarify which claims may apply.
Contact Falodun Law
Falodun Law Phone: (301) 289-7737
Email: wole@falodunlaw.com
Office: 8850 Stanford Blvd., Suite 2900, Columbia, MD 21045
Serving: Maryland & Washington, D.C.
If you were injured by a police officer using excessive force in Maryland, Falodun Law can help you understand your legal options. Falodun Law represents individuals throughout Maryland and Washington, D.C., and can review the details of your encounter with police. Call (301) 289-7737 or request a free case review to discuss your situation.
Comments