QUESTION

Cops slammed my wife on the ground for no reason and required surgery to fix her mouth then charges were dismissed

Asked on Apr 04th, 2016 on Personal Injury - Indiana
More details to this question:
The White Co Indiana police done a wellness check on her... She reached for an ashtray to put a cigarette out and they slammed her on the floor which required surgery and stitches and now has permanent facial damages to her face... The charges of resisting were dropped due to no evidence, now they refuse to pay the ambulance and hospital bills, she has permanent damage to her face and nerve damage, what are her options and does she have any
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1 ANSWER

Dear Anonymous,   Whether you could prevail on a claim like this depends on whether a reasonable person could conclude that the officers used excessive force based on the circumstances.  These cases are very fact specific and require a detailed analysis of exactly what happened leading up to the use of force.  These claims are typically brought under 42 U.S.C. sec. 1983, which specifically provdes as follows: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.   Sec. 1983 claims can be difficult because law enforcement officers are provided with some immunities under State and Federal Law.  If you think you may have been a victim of excessive force by a law enforcement official, you should contact an Indiana personal injury attorney that is knowledgeable about these claims.   Very truly yours,   Chip Clark
Answered on Apr 18th, 2016 at 11:29 AM

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