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Michael Byrd should be charged with violating the civil rights of Ashli Babbitt.
4th Amendment Rights
www.federalcriminallawyer.us
The Civil Rights Act of 1871, which is codified as 42 U.S.C. Section 1983 and commonly known as “Section 1983,” prohibits any person from violating constitutional rights while acting “under the color of law.” In other words, it is unlawful for someone acting in an official governmental capacity to deprive another person of their constitutional rights.
Excessive force is a type of police misconduct where the officer’s actions go beyond the bounds of force that a reasonable officer would use under the same circumstances. These cases focus on the objective reasonableness of the force used – not whether the arrestee was injured. Whether the officer’s use of force was excessive depends largely on the circumstances and facts of each specific case. A judge or jury will weigh the available evidence and applicable laws to determine whether or not the police officer applied a reasonable amount of force.
4th Amendment Rights
Civil Rights Act Section 1983 & Excessive Force by Police
NOTE: This blog article was amended to reflect recent changes to U.S. federal law with passage of the First Step Act (P.L. 115- 391). Since December 21, 2018, the First Step Act required numerous changes to the federal criminal justice […]

Excessive force is a type of police misconduct where the officer’s actions go beyond the bounds of force that a reasonable officer would use under the same circumstances. These cases focus on the objective reasonableness of the force used – not whether the arrestee was injured. Whether the officer’s use of force was excessive depends largely on the circumstances and facts of each specific case. A judge or jury will weigh the available evidence and applicable laws to determine whether or not the police officer applied a reasonable amount of force.