Excessive force investigations

A claim that police used excessive force during an arrest or stop is judged under the Fourth Amendment. In Graham v. Connor (1989), the Supreme Court held that the question is whether the force was objectively reasonable in light of the facts confronting the officer, including the seriousness of the suspected offense, whether the person posed an immediate threat, and whether the person was resisting or fleeing. Every one of those factors is a question of fact, and facts are established by investigation.

What an investigation looks for

• What the person was doing in the seconds before force was used, as shown by video and independent witnesses
• The distances, positions, lighting, and number of officers at the scene
• The type and duration of force, including Taser logs, canine deployment records, and restraint holds
• Medical records and photographs documenting the injuries, and what the officers reported afterward

How these cases are investigated

In excessive force cases, the work most often involves video and digital evidence recovery, witness location and interviews, scene investigation, and officer and agency background research. What a particular case needs depends on what evidence already exists and what is at risk of being lost.

Nationwide, and civil rights only

Doug Roberts investigates excessive force cases for attorneys, families, and individuals nationwide from Sheridan, Wyoming. The practice handles civil rights cases exclusively. It is not a law firm and does not give legal advice; its work is to find and document the evidence.