How to File a §1983 Excessive Force Lawsuit in Michigan

Learn how §1983 lawsuits work in Michigan for police brutality, tasers, beatings, wrongful arrests, and excessive force. Steps, evidence, damages

How to File a §1983 Lawsuit for Excessive Force in Michigan

If police used unnecessary or unreasonable force, federal law may allow you to sue under 42 U.S.C. §1983 for violation of your constitutional rights.

This post explains what a §1983 case is, what you must prove, and how these cases are built in Michigan.

1. What is §1983?

Section 1983 allows you to sue officers and government entities when a person acting under color of law violates your constitutional rights.

Most excessive force cases arise under the Fourth Amendment.

2. What counts as “excessive force”?

Force must be “objectively reasonable” under the circumstances.

Common examples include:

• unnecessary tasing

• baton strikes

• chokeholds/restraint asphyxia

• beating after the threat ends

• shootings where a person posed no immediate danger

3. What you must prove

To win, you generally must prove:

1. officer acted under color of law

2. officer used unreasonable force

3. the force caused injuries/damages

4. What evidence matters most

• Body-cam / dash-cam video

• Surveillance footage

• Medical records

• Witness statements

• Use-of-force reports

• Dispatch logs

• Prior misconduct/pattern evidence (often through litigation)

5. Who can you sue?

• The officer(s)

• Supervisors in some cases

• The city/county under Monell if a policy or custom caused the violation

6. Damages available

• medical expenses

• lost wages

• pain and suffering

• emotional distress

• punitive damages (for extreme misconduct)

7. Qualified immunity (and how lawyers fight it)

Police often claim qualified immunity. A civil-rights lawyer builds cases to show the officer violated clearly established law.

Free Consultation

If you were tased, beaten, shot, or injured by police, you may have a civil rights claim.📞 Call (248) 809-6790 for a free consultation.

Internal links:

• Police Misconduct page

• Civil Rights & §1983 page

• Wrong-House Raids page

• Contact page