ABSTRACT
Police brutality is the excessive use of force by police or law enforcement officials against civilians or individuals suspected of committing a crime. Police brutality invokes several possible violations of individual rights under the Constitution. Victims of alleged police brutality who wish to take legal action against police have two ways to proceed. The first is to file tort actions against police in state court; the other approach is to raise claims of federal constitutional deprivations. A far more common approach for addressing police brutality problems since the 1970s has been to file what is called a "section 1983" claim. In Monell v. Department of Social Services, 436 US 658, the Supreme Court held that section 1983 actions could also be brought against local governments. Overall, claims arising under section 1983 are the way individuals can challenge police brutality cases in court to claim excessive use of force or treatment violated their constitutional rights.
