Excessive Force by Police in Luzerne County, Pennsylvania

Sometimes, whether intentionally or not, a law enforcement officer may use excessive force during an interaction with an individual. When this happens in Luzerne County or elsewhere in Northeastern Pennsylvania, it may rise to the level of a civil rights violation under federal law.

Victims of police excessive force often feel powerless, confused, or intimidated—but the law provides important protections and legal remedies.

What Is Excessive Force?

Police officers have a duty to protect the public and maintain order. In certain situations, the use of force is lawful and necessary. However, force must always be reasonable and justified under the circumstances.

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government. Courts have long recognized that the unjustified use of force by a law enforcement officer—including the use of deadly force—constitutes an unreasonable seizure and a violation of constitutional rights.

Examples of excessive force may include:

• Unnecessary use of physical violence during an arrest

• Striking or restraining someone who is not resisting

• Use of tasers, batons, or firearms without justification

• Force used against compliant, restrained, or incapacitated individuals

When force goes beyond what is reasonable, it may form the basis of a civil rights claim.

Who Can Be a Victim of Excessive Force?

Anyone can become a victim of police excessive force. These incidents may occur during:

• Traffic stops in Luzerne County

• Arrests or detentions

• Crowd control at protests or demonstrations

• Mental health or welfare checks

• Encounters involving mistaken identity

Even if the officer did not intend to cause harm, unreasonable or disproportionate force can still violate the law.

What Legal Claims Can Be Brought?

Most excessive force cases are pursued as civil claims, not criminal cases. The most common legal action is a Section 1983 civil rights claim, which arises under 42 U.S.C. § 1983.

Section 1983 Claims Explained

Government officials—including police officers—are generally protected by governmental immunity. However, Section 1983 removes that immunity when an officer violates a person's constitutional rights, including Fourth Amendment protections.

A successful Section 1983 excessive force claim may allow victims to recover compensation for:

• Physical injuries

• Medical expenses

• Pain and suffering

• Emotional distress

• Lost wages

• Long-term disability or trauma

Claims may be brought against individual officers, police departments, municipalities, or other responsible agencies, depending on the facts.

Speak With a Luzerne County Civil Rights Attorney

If you or a loved one were subjected to excessive force by police in Wilkes-Barre, Hazleton, Kingston, or anywhere in Luzerne County, it is critical to speak with an attorney experienced in civil rights litigation as soon as possible. These cases are complex, time-sensitive, and often aggressively defended.  At Sklarosky Law, we offer free consultations and handle civil rights cases on a contingent fee basis, meaning you pay nothing unless we recover compensation for you.

Call (570) 283-1200 or use our online contact form to schedule a free consultation.