Police Excessive Force in Maryland and Washington, D.C.: Know Your Rights

The Fourth Amendment to the U.S. The Constitution protects individuals against unreasonable seizures - which includes the use of unreasonable physical force by law enforcement. Under the U.S. Supreme Court’s decision in Graham v. Connor, 490 U.S. 386 (1989), courts measure whether an officer’s use of force was “objectively reasonable” given the totality of the circumstances. If those actions exceed what the law allows, victims may have grounds to pursue an excessive force claim to seek accountability and compensation.

Excessive force can take many forms, including:

•      Unjustified or wrongful shootings

•      Chokeholds or neck restraints

•      Beating with fists, batons, or other objects

•      Improper or excessive use of tasers or stun guns

•      Unjustified pepper spray or tear gas deployment

•      Force used against a non-resisting individual

•      Injuries caused by police K-9 (dog) deployments

•      Serious injury or death occurring during an arrest or detention

Federal Law: Your Rights Under 42 U.S.C. §1983

The primary federal remedy for police misconduct is a civil rights lawsuit under 42 U.S.C. §1983. This law allows individuals to sue government officials - including police officers - who violate their constitutional rights while acting under “color of law.” A successful §1983 claim can result in compensatory damages, punitive damages in egregious cases, and attorney’s fees.

Maryland Law: Important Changes You Need to Know

Maryland passed sweeping police accountability legislation in 2021 that significantly changed the legal landscape for excessive force victims. Key reforms include:

•      Repeal of the Law Enforcement Officers’ Bill of Rights (LEOBR), replaced by a civilian-led accountability system

•      Officers can now be held personally liable for misconduct in certain circumstances

•      Civilian oversight boards established in each county with real investigatory power

•      Victims may bring state tort claims (such as assault and battery) against officers and their agencies

Critical Deadline — Maryland’s LGTCA Notice Requirement: Before filing a lawsuit against a Maryland local government or its employees, you must file a written notice of claim within 180 days of the incident under the Local Government Tort Claims Act (LGTCA). This is a strict prerequisite - missing it can permanently bar your claim, regardless of how strong your case is. Do not wait. Missing important personal injury law deadlines can permanently affect your legal rights. 

Washington, D.C. Law: Strong Protections for Victims

Washington, D.C. has enacted some of the strongest police accountability measures in the country. The Comprehensive Policing and Justice Reform Amendment Act of 2022 and the earlier Police Reform Amendment Act of 2020 together:

•      Ban chokeholds and neck restraints by MPD officers

•      Restrict no-knock warrants

•      Require officers to intervene when they witness excessive force by a fellow officer

•      Mandate that officers provide their name and badge number upon request

•      Limit the use of force on individuals who are restrained or in custody

Victims in D.C. may pursue claims under multiple legal frameworks, including federal §1983, the D.C. Human Rights Act, common law tort claims (assault, battery, false arrest, false imprisonment), and the Comprehensive Policing Act. In cases where police misconduct results in a fatality, surviving family members may also have the right to pursue a wrongful death claim.

Critical Deadline — D.C. Notice Requirement: Before suing the District of Columbia, you must file a notice of claim within six months of the incident under D.C. Code §12-309. Missing this deadline can forfeit your right to recover, even if the underlying claim is valid.

What About Qualified Immunity?

Qualified immunity is a federal legal doctrine that has historically shielded police officers from personal liability unless they violated a “clearly established” constitutional right. It remains a significant barrier in federal §1983 lawsuits.

However, both Maryland and D.C. have taken steps to limit or eliminate qualified immunity as a defense under their state and local laws. This is a significant development that opens new pathways for victims who might otherwise be blocked by the federal doctrine. An experienced civil rights attorney can assess your case under both federal and local law to identify the strongest available claims.

Statutes of Limitations - Don’t Miss Your Window

Time limits vary by claim type and jurisdiction. In general:

•      Federal §1983 claims in Maryland: three years from the date of the incident

•      Federal §1983 claims in D.C.: three years from the date of the incident

•      Maryland LGTCA notice: 180 days from the date of the incident (before any lawsuit can be filed)

•      D.C. notice requirement: six months from the date of the incident

These are hard deadlines. If you think you may have a claim, contact Falodun Law immediately so we can preserve your rights.

What to Do If You’ve Been a Victim of Police Excessive Force

•      Seek medical treatment immediately and document all injuries thoroughly

•      Photograph bruises, cuts, and any other visible injuries as they develop over time

•      Preserve all video evidence - personal phone recordings, bystander footage, surveillance video

•      Submit a formal public records request for body camera footage as soon as possible (footage is sometimes deleted or overwritten)

•      Write down everything you remember about the incident while it is still fresh

•      Obtain the names, badge numbers, and patrol unit of officers involved

•      Do not give statements to investigators, internal affairs, or government attorneys without speaking to an attorney first

Why Choose Falodun Law for Your Civil Rights Case?

Police excessive force cases are among the most aggressively defended cases in civil litigation. Government agencies have dedicated legal teams working to protect their officers and minimize their exposure. You deserve an attorney who will fight just as hard for you.

At Falodun Law, we understand the complexity of these cases, from navigating the LGTCA notice requirements in Maryland to litigating qualified immunity defenses in federal court. We represent our clients with the full weight of our experience, and we do it on a contingency fee basis: no fee unless we recover for you.

Contact Falodun Law Today - Free Consultation

At Falodun Law, we fight for injured people and their families throughout Maryland and Washington, D.C. If you've been hurt by police misconduct and want to understand your rights, we’re here to help, with no cost to you unless we win.

Phone: (301) 289-7737

Email: wole@falodunlaw.com

Address: 8850 Stanford Blvd., Ste. 2900, Columbia, Maryland 21045

Don’t wait,  deadlines in personal injury law are strict and unforgiving. Reach out to Falodun Law today.

FAQs

What is considered police excessive force in Maryland and Washington, D.C.?

Police excessive force occurs when an officer uses more force than is objectively reasonable under the circumstances. This can include unnecessary physical violence, unjustified shootings, improper use of Tasers, chokeholds, or force against someone who is not resisting or no longer poses a threat.

Can I sue a police officer for excessive force?

Yes. Victims may be able to pursue a federal civil rights claim under 42 U.S.C. §1983 and, depending on the circumstances, additional claims under Maryland or Washington, D.C. law. The available legal remedies depend on the facts of the incident and the laws that apply to your case.

What should I do after being injured by police excessive force?

Your priority should be to seek medical treatment, document your injuries, preserve photos or videos, identify witnesses, and speak with an attorney as soon as possible. Following many of the same steps after an accident can help preserve important evidence that may support your claim.

How long do I have to file a police excessive force claim?

The deadline depends on whether your claim is filed under federal law or the laws of Maryland or Washington, D.C. In some cases, you must also provide formal notice before filing a lawsuit. Missing these deadlines can prevent you from recovering compensation.

What compensation can I recover in a police excessive force lawsuit?

Depending on the circumstances, you may be eligible to recover compensation for medical expenses, lost wages, pain and suffering, emotional distress, rehabilitation costs, and other damages. In some cases, courts may also award punitive damages when the officer's conduct was especially egregious.