Murphysboro, IL asked in Civil Rights for Illinois

Q: If I was arrested for dui and while I was handcuffed and seat belted in cop car and was choked do i have a civil case?

Did not resit at all was compliant

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1 Lawyer Answer
Andy Hale
Andy Hale
  • Civil Rights Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: The Fourth Amendment to the United States Constitution - as well as most state laws - hold that law enforcement officers may only use reasonable force to effect an arrest. If an individual is offering no resistance, the law enforcement officer is only permitted to use minimal force (such as handcuffing) to take the person into custody. Many jurisdictions hold that the use of a chokehold can constitute deadly force. It is well-established that deadly force may only be used by a law enforcement officer when a civilian poses an imminent threat of death or great bodily harm to that officer or another; if the civilian is no such threat, then the use of deadly force would be unreasonable. If a law enforcement officer used some type of neck restraint - or chokehold - while you were not offering any resistance, you may have a valid civil claim against the officer. Hope this helps.

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