The U.S. Constitution provides protections against human rights violations by police officers, primarily under the Fourth, Eighth, and Fourteenth amendments. The Fourth Amendment prohibits "unreasonable searches and seizures;" the Eighth Amendment bars "cruel and unusual punishments;" and the Fourteenth Amendment prohibits any state from depriving any "person of life, liberty, or property, without due process of law."255
Under state laws, police officers who use excessive force may be prosecuted on general assault, murder, or other relevant charges. Some states have specific laws under which police officers are charged for acting under "color of law." Individuals may also bring civil lawsuits, claiming constitutional violations by the officer or his or her police department. A court may order injunctive relief, calling on the state to end the violative practice, or, more commonly, monetary relief in the form of compensatory or punitive claims. Civil lawsuits alleging police misconduct are often "settled" by the city, prior to a trial; in most cases, the city and police department admit no liability but pay the plaintiffs to avoid a full trial.
255 In 1989, the Supreme Court recognized definitively that police use of excessive force in an arrest is an unreasonable seizure of the person under the Fourth Amendment. Graham v. Connor, 490 U.S. 386 (1989).
© June 1998
Human Rights Watch