Use of Excessive Force
When Law Enforcement Crosses the Line, We’re Ready to Respond
Police officers are granted authority to do a difficult job - but that authority has limits. When an officer uses more force than necessary and causes injury or death, it’s not just wrong - it’s a violation of your constitutional rights.
At GPJ Legal, we represent victims of excessive force and their families in civil rights claims throughout New Mexico. Whether the case involves an unjustified takedown, use of a Taser, unlawful restraint, or fatal shooting, we help clients seek answers, justice, and accountability.
With over 35 years of trial experience, we bring the legal insight, courtroom skill, and relentless preparation these high-stakes cases demand.
What Is Considered Excessive Force?
Excessive force refers to the use of more physical force than is reasonably necessary to make an arrest, detain a person, or control a situation. It violates the Fourth Amendment of the U.S. Constitution and can form the basis for a lawsuit under Section 1983.
Examples include:
Unjustified physical violence during arrest
Improper use of batons, Tasers, or pepper spray
Tackling or restraining nonviolent individuals
Kicking or punching subdued or handcuffed people
Using force after a person is already in custody
Failing to intervene when another officer uses excessive force
Even if charges were filed against you, you may still have a valid excessive force claim.
Excessive Force Can Cause Lasting Harm
We represent clients suffering from:
Head trauma and concussions
Broken bones or fractures
Facial injuries and disfigurement
Nerve damage or paralysis
PTSD and emotional trauma
Wrongful death due to police violence
These injuries don’t just leave physical scars - they create lasting emotional and psychological pain. We build cases that reflect the full impact of what happened to you.
Our Approach
These cases are complex. Law enforcement agencies and municipalities often close ranks and deny wrongdoing. We respond with:
Thorough investigation and evidence review
Independent expert analysis of police conduct
Use-of-force standard evaluations
Medical and psychological documentation
Skilled litigation in federal and state courts
We prepare for trial from the start - and push for accountability at every step.
Why Choose GPJ Legal For Your Excessive Force Case?
✔ Civil Rights Is a Core Focus
We regularly handle high-profile and high-stakes civil rights cases across New Mexico.
✔ Strategic, Trial-Tested Litigators
Our decades of courtroom experience give us the ability to anticipate defense strategies and advocate effectively on your behalf.
✔ Client-Focused Representation
We work directly with clients and their families, offering clear guidance, honest answers, and steady support.
What qualifies as excessive force by police in New Mexico?
Yes. Victims of police brutality can bring civil-rights claims in federal or state court. These lawsuits seek compensation for medical costs, pain and suffering, and emotional trauma. GPJ Legal helps clients gather body-cam footage, witness statements, and expert opinions to prove officers acted unreasonably.
Can I sue the police for excessive force?
Yes. Victims of police brutality can bring civil-rights claims in federal or state court. These lawsuits seek compensation for medical costs, pain and suffering, and emotional trauma. GPJ Legal helps clients gather body-cam footage, witness statements, and expert opinions to prove officers acted unreasonably.
What injuries commonly result from excessive force?
Victims may suffer broken bones, head trauma, spinal injuries, or lasting psychological effects such as PTSD. Even minor injuries can justify a claim if the officer’s actions were unjustified. Proper medical documentation strengthens both the health recovery and the legal case.
How do courts determine whether force was excessive?
Judges and juries evaluate whether an officer’s actions were “objectively reasonable” given the facts at the time. They consider the severity of the suspected crime, whether the suspect resisted, and any immediate threats. Video evidence often plays a decisive role.
Can deadly force be considered excessive?
Yes. Deadly force is deemed excessive if the person did not pose an imminent threat or if officers failed to use de-escalation methods first. Each shooting or fatal encounter requires a case-by-case analysis of timing, warnings, and alternatives available to police.
Are police departments liable for excessive-force incidents?
Departments can be held responsible for inadequate training, supervision, or discipline that leads to abuse. A documented pattern of excessive-force complaints indicates potential systemic negligence.
What damages can victims recover in excessive-force cases?
Victims may recover medical bills, lost income, pain and suffering, and punitive damages. Compensation depends on injury severity, degree of misconduct, and available insurance or municipal coverage. GPJ Legal pursues both economic and noneconomic damages to achieve fair outcomes.
What should I do immediately after experiencing excessive force?
Document injuries through photos and medical exams, obtain witness contacts, and file a written complaint. Avoid public statements until you’ve consulted an attorney. Timely documentation preserves credibility and helps your legal team build a strong case.
How long do I have to file an excessive-force claim in New Mexico?
Generally, victims have up to three years under state law, but shorter deadlines may apply for certain agencies. Quick consultation with an attorney ensures compliance with notice requirements and preserves your right to recover damages.
Why is legal representation crucial in excessive-force cases?
Police departments and municipalities defend these cases vigorously. An experienced civil-rights attorney understands how to counter qualified-immunity defenses and interpret use-of-force standards. GPJ Legal fights to expose misconduct, secure justice, and restore victims’ dignity.
