Indiana Civil Rights & Excessive Force Attorney
Civil rights cases are different from almost every other type of litigation. These cases are not simply about money. In many situations, they involve catastrophic injuries, police shootings, unlawful incarceration, unconstitutional jail conditions, abuse of governmental power, or life-changing violations of constitutional rights. Many people who contact my office after an excessive force incident or other constitutional violation feel angry, humiliated, traumatized, or hopeless. Some clients have suffered permanent injuries. Others have lost loved ones. Others are struggling because nobody seems willing to hold the government accountable. Section 1983 civil rights litigation exists because constitutional rights mean very little if there is no mechanism to enforce them.
I handle Indiana civil rights litigation involving excessive force, police brutality, unlawful arrests, illegal searches and seizures, malicious prosecution, unconstitutional jail conditions, wrongful incarceration, and other serious constitutional violations committed under color of law. These cases are frequently litigated in federal court and often involve extensive discovery, body camera footage, expert witnesses, use-of-force analysis, medical evidence, jail records, police training records, and complex constitutional law issues.
My background in criminal defense provides a unique advantage in excessive force and police misconduct cases. I understand how police reports are written, how probable cause arguments are constructed, how body camera footage is used in litigation, and how constitutional issues develop both in criminal cases and civil litigation. Many excessive force and unlawful arrest cases are deeply intertwined with criminal law concepts, suppression law, search-and-seizure doctrine, and constitutional procedure.
I have been involved in serious constitutional litigation involving solitary confinement practices, lawsuits against the Indianapolis Metropolitan Police Department regarding the treatment of homeless individuals, and other significant cases such as the Leroy Washington matter. My broader practice also heavily involves constitutional litigation in criminal cases, including unlawful searches, suppression issues, and violations of the Fourth, Fifth, Sixth, and Fourteenth Amendments. That constitutional background directly carries over into civil rights litigation.
What Is A Section 1983 Civil Rights Lawsuit?
Most civil rights lawsuits against police officers, jail staff, prison officials, or other government actors are brought under 42 U.S.C. § 1983. Section 1983 allows individuals to sue governmental actors who violate constitutional rights while acting under color of law. These lawsuits are frequently filed in federal court and can involve claims arising under the Fourth Amendment, Eighth Amendment, First Amendment, or Fourteenth Amendment depending upon the nature of the misconduct.
Some of the most common Section 1983 claims involve excessive force, unlawful arrests, illegal searches and seizures, police shootings, jail abuse, denial of medical care, malicious prosecution, retaliation for protected speech, wrongful incarceration, unconstitutional prison conditions, and deliberate indifference to serious medical needs. In many situations, these cases involve both individual officers and broader claims against municipalities or governmental entities for unconstitutional policies, customs, or failures to train.
Indiana Excessive Force & Police Brutality Cases
Excessive force cases can arise in many different situations. Sometimes they involve shootings. Sometimes they involve tasers, police dogs, chokeholds, punches, takedowns, or force used against restrained individuals. In other situations, the force may occur during a traffic stop, a welfare check, a protest, or an arrest for a relatively minor offense. The key constitutional question is generally whether the force used was objectively reasonable under the circumstances.
One of the most important things people need to understand is that excessive force cases are not limited to catastrophic injuries or police shootings. Even situations involving relatively modest physical injuries can result in substantial settlements or verdicts when the constitutional violation is serious enough. In one excessive force case I handled, my client was laying on the ground when a police officer punched him in the back of the head. The strike chipped a tooth and resulted in relatively modest dental expenses, but the case ultimately resolved for approximately $70,000. The medical bills themselves were relatively low, but constitutional rights cases are not measured solely by the amount of medical treatment involved. The constitutional violation itself matters.
Some excessive force cases involve life-altering injuries. I have also been involved in litigation concerning far more serious allegations involving shootings, severe injuries, unconstitutional jail conditions, and systemic constitutional violations. Cases involving shootings, paralysis, traumatic brain injuries, deaths in custody, or prolonged unconstitutional confinement require an enormous amount of investigation and litigation work.
Police Shootings & Deadly Force Litigation
Police shooting cases are among the most serious and difficult civil rights cases that exist. These lawsuits often involve fatal shootings, permanently disabling injuries, or allegations that officers used deadly force when less dangerous alternatives existed. Deadly force cases are highly fact specific and require careful analysis of body camera footage, dispatch recordings, witness statements, scene evidence, ballistic evidence, police training materials, and use-of-force standards.
Many police shooting cases center around disputes concerning whether an immediate threat actually existed. In some cases, body camera footage directly contradicts written reports or initial public statements. In others, witnesses provide accounts that differ substantially from the officers involved. The timing of events can become critically important, particularly where only seconds separate a shooting from the alleged threat.
Unlawful Arrests, Illegal Searches & Malicious Prosecution
Not every civil rights case involves physical violence. Some constitutional violations involve unlawful arrests, fabricated evidence, illegal searches, false statements in warrant affidavits, retaliatory prosecutions, or prolonged detentions without probable cause. These cases can devastate a person’s life even when no physical injury occurs.
As a criminal defense attorney, I regularly litigate search-and-seizure issues, suppression issues, unlawful detention claims, Miranda violations, warrant issues, and other constitutional matters. That background can be extremely valuable in civil rights litigation because many Section 1983 cases involve the exact same constitutional principles that arise in criminal cases.
If you are facing related criminal charges stemming from the same incident, learning how criminal charges can be dropped in Indiana is often a critical first step toward building a stronger civil rights claim.
Jail & Prison Civil Rights Litigation
Civil rights litigation involving jails and prisons can involve extremely serious constitutional issues. These cases may concern solitary confinement, denial of medical care, unsafe jail conditions, abuse by correctional officers, excessive force inside detention facilities, unconstitutional disciplinary procedures, failure to protect inmates from violence, or prolonged inhumane confinement conditions.
I have been involved in constitutional litigation involving prison conditions and allegations concerning unconstitutional solitary confinement practices in the Segregated Housing Unit (SHU) at the Wabash Valley Correctional Facility. These cases often involve difficult legal questions regarding deliberate indifference, Eighth Amendment protections, mental health issues, and the long-term psychological effects of isolation. Litigation against correctional institutions is often extraordinarily difficult because governmental entities devote enormous resources toward defending these claims.
Jail and prison civil rights cases frequently involve individuals who have very limited resources and little ability to gather evidence on their own. Records may disappear. Surveillance footage may be overwritten. Witnesses may be difficult to locate. Medical requests and grievances often become critically important pieces of evidence. Early investigation can make an enormous difference in preserving evidence and building a strong constitutional claim.
Municipal Liability & Monell Claims
In some situations, the constitutional violation is not simply the result of one officer’s misconduct. Instead, the problem may stem from unconstitutional policies, customs, failures to train, failures to supervise, or widespread patterns of misconduct within a department or governmental entity. These claims are commonly referred to as Monell claims.
Municipal liability claims are often significantly more difficult than claims against individual officers, but they can also become some of the most important civil rights cases because they focus on systemic problems rather than isolated misconduct.
Qualified Immunity In Indiana Civil Rights Cases
One of the biggest obstacles in Section 1983 litigation is qualified immunity. Qualified immunity is a legal doctrine that can shield government officials from liability unless the plaintiff demonstrates that the official violated clearly established constitutional rights. Government defendants aggressively raise qualified immunity arguments in excessive force and civil rights litigation.
The Importance Of Body Camera & Video Evidence
Body camera footage has dramatically changed civil rights litigation. In some situations, bodycam evidence strongly supports law enforcement. In other situations, it completely undermines the official narrative. One of the most important early steps in many excessive force cases is immediately preserving video evidence before it is deleted or overwritten.
Frequently Asked Questions About Indiana Civil Rights Cases
Can I sue the police for excessive force in Indiana?
Yes. If a police officer used objectively unreasonable force under the circumstances, you may have a federal civil rights claim under Section 1983. These cases can involve shootings, tasers, chokeholds, punches, canine attacks, takedowns, force against restrained individuals, or other unconstitutional uses of force.
What if I was arrested or charged with a crime?
Being arrested or charged with a crime does not automatically prevent you from bringing a civil rights lawsuit. Many excessive force cases arise during otherwise lawful arrests. The key question is often whether the force used was reasonable under the circumstances.
How long do I have to file a Section 1983 lawsuit in Indiana?
Civil rights claims are subject to strict statutes of limitation. Delay can seriously damage a case, particularly where body camera footage or surveillance evidence may be lost or overwritten. It is important to speak with an attorney as soon as possible after a constitutional violation occurs.
Do civil rights cases always go to trial?
No. Many civil rights cases resolve through settlement negotiations, mediation, or other forms of resolution. However, some cases require extensive litigation and trial preparation before meaningful settlement discussions occur.
What damages are available in a Section 1983 case?
Potential damages can include medical expenses, lost income, emotional distress, pain and suffering, punitive damages, wrongful death damages, and compensation for constitutional violations. In some situations, attorney fees may also be recoverable under federal law.
What should I do after an excessive force incident?
Seek medical treatment immediately, preserve photographs and videos, identify witnesses, avoid deleting communications, and document everything you can remember about the incident. In many situations, early preservation of evidence is extremely important.
Contact My Office for a Free Consultation
Contact Jeff Cardella for a Free Consultation
If you have additional questions, call me for a free consultation to discuss your case.Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
Counties We Serve
I handle criminal defense cases throughout the entire State of Indiana, with a focus on the following locations:
- Indianapolis, Marion County, Indiana
- Noblesville, Carmel & Fishers, Hamilton County, Indiana
- Danville, Plainfield & Avon, Hendricks County, Indiana
- Franklin & Greenwood, Johnson County, Indiana
- Hancock County, Indiana
- Madison County, Indiana
- Muncie, Delaware County, Indiana
- Bloomington, Monroe County, Indiana
- Lebanon & Zionsville, Boone County, Indiana
- Shelbyville, Shelby County, Indiana
- Morgan County, Indiana
- Lafayette, Tippecanoe County, Indiana
- Parke County, Indiana
- Rush County, Indiana
- South Bend, St. Joseph County, Indiana