Legal Question in Civil Rights Law in Pennsylvania

Re: excessive force by off duty police chief

You should retain private counsel as soon as possible. If you have a witness to the choking, your case would be better.

-Danny Cevallos, Esq.

Re: excessive force by off duty police chief

you want to see what happens with the criminal case before you do anything else. if you beat the criminal case, you may be able to do something.

Re: excessive force by off duty police chief

Excessive force claims are always tricky affairs. Juries tend to side with the police except in areas with a history of excessive force or police corruption. Moreover, without good proof of the abuse (like a video or a credible witness) and/or medical expenses and/or lost work, the damages awarded are usually fairly small, less than $20,000.

If you are still facing the criminal trespass claim, that will certainly factor into your ability to prevail with your own civil suit, especially if you are convicted.

At the same time, all citizens enjoy the right not to be physically abused by the police, and the police cannot unreasonably assault a compliant person. It sounds like you do have a valid claim, but a lawsuit would likely not bring much in the way of financial compensation, it would at most provide you with a feeling of vindication. Don't think I'm belittling that vindication - just know that it would be the primary reward.

It is worth your time to speak with either a plaintiff's attorney or a civil rights attorney. There are a number of civil rights attorneys who bring "small" suits like your own to ensure the police are following correct protocols before someone is seriously injured.

You can find civil rights attorneys via Martindale.com, the Pennsylvania Bar, or your local Bar. If you are near Philadelphia, I can speak with you about your case.