Summary of Excessive Use of Force
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Virginia Police Brutality & Excessive Force Attorney
When police cross the line from lawful authority into unlawful violence, you have constitutional rights — and you can sue. Our Virginia civil rights attorneys have won landmark verdicts and settlements for victims of police brutality across Richmond, Henrico, Chesterfield, and throughout Virginia.
Were you or a family member injured by police? Virginia law gives you the right to sue. Time limits apply — act now.
📞 Call 804-783-2000What Is Excessive Use of Force?
Not every use of force by police is unlawful. But the Constitution draws a clear line — and when officers cross it, victims and their families can pursue significant civil rights claims.
"Excessive use of force is any force used in an illegal arrest, or unreasonable use of force in a lawful arrest or detention. The 4th Amendment prohibits officers from using excessive force — and courts judge that force by an objective reasonableness standard, not the officer's subjective intent."
— Graham v. Connor, 490 U.S. 386 (1989), United States Supreme CourtUnder federal civil rights law (42 U.S.C. § 1983), if a police officer uses force that is objectively unreasonable, you may bring a lawsuit against that officer — and potentially the department and municipality — for damages including medical expenses, lost wages, pain and suffering, and more. Virginia state law provides additional common law remedies.
How Courts Determine If Force Was Unreasonable
The Supreme Court in Graham v. Connor established three key factors courts use to evaluate whether police force was excessive. These factors shape every excessive force lawsuit in Virginia and across the country.
Severity of the Crime
The more minor the suspected offense, the less force is justified. Police cannot use the same force to arrest someone for a traffic violation as they might for an armed robbery. Traffic stops, misdemeanors, and nonviolent offenses demand proportionally minimal force.
Immediate Threat to Safety
Did the suspect pose an immediate threat to the safety of officers or others? If a person is unarmed, compliant, or already subdued, continued force is indefensible. The threat must be real and immediate — not speculative or manufactured.
Active Resistance or Flight
Was the person actively resisting arrest or trying to flee? Even flight does not justify unlimited force. Virginia law recognizes a citizen's right to use reasonable force to resist unlawful police conduct — and unreasonable escalation by officers can trigger that right.
Important: Courts apply an objective "reasonable officer" standard (Graham v. Connor; see also Tennessee v. Garner, 471 U.S. 1 (1985)). The force must be evaluated from the perspective of an officer on the scene — but it must still be objectively reasonable. Good intentions do not excuse constitutional violations.
Lt. Caron Nazario v. Town of Windsor — A Case That Shocked the Nation
When Windsor, Virginia police officers drew their weapons, pepper-sprayed, and threatened a uniformed Army officer during a traffic stop — our firm was there to fight back.
Lt. Nazario v. Windsor Police Officers
On a Virginia highway, Army Lt. Caron Nazario — wearing his military uniform, Black and Latino — was pulled over and told he was "fixin' to ride the lightning, son." Officers drew weapons and pepper-sprayed him as he complied. Our firm filed suit asserting 4th Amendment violations.
Virginia's Attorney General stated: "What we all saw was an egregious and unjust use of power. Excessive use of force and violations of constitutional liberties will not be tolerated in Virginia."
Read the Full Case →
Screenshot from Memphis police body cam footage — Tyre Nichols, 2023
The Tyre Nichols Killing: When Police Create the Threat They Claim Justifies Force
Memphis police stopped Tyre Nichols — 29 years old, a father, a photographer — for "suspected reckless driving." They met him with drawn weapons, chaotic yanking from his car, and immediate escalation. He ran. They beat him to death.
Attorney Tom Roberts published a detailed legal analysis: under all three Graham factors, the officers' conduct was indefensible. The crime was minor. Tyre posed no threat. And critically — it was the officers' own unreasonable escalation that triggered his flight. Under Virginia and Tennessee law, citizens retain the right to use reasonable force to repel unlawful police conduct.
Read the Full Legal Analysis →Our Excessive Force Results in Virginia
We don't just file lawsuits — we win them. Our civil rights attorneys have obtained verdicts and settlements in Virginia courts that sent a message: police misconduct has consequences.
Virginia Supreme Court reversed dismissal of civil rights claims against a Petersburg officer who used excessive force against a small Black woman during a traffic stop. Jury awarded $300,000.
Read Case →Jury awarded $250,000 for battery in a civil rights case involving a Richmond Police officer following a traffic stop incident. Our firm successfully represented the plaintiff through trial.
Read Case →Our firm obtained a jury verdict against a Pamunkey Regional Corrections officer for excessive force against a combat veteran decorated with four bronze stars — who simply reached for a towel to warm himself.
Read Case →Federal civil rights cases filed against RPD for unprovoked gas and force attacks on peaceful protesters at Lee Circle in June 2020 — vindicating 1st and 4th Amendment rights.
Read Case →Jury verdict for plaintiff whose constitutional rights were violated by a Richmond Police officer who used unreasonable force during a Terry stop.
Read Case →Filed federal civil rights suit against two Windsor police officers who pepper-sprayed and threatened a uniformed Army lieutenant during a traffic stop. Precedent established in the 4th Circuit Court of Appeals.
Read Case →Past results do not guarantee future outcomes. Each case is unique and evaluated on its own merits.
Your Right to Resist Unlawful Police Force — Virginia Law
Both federal and Virginia state law provide important protections for citizens who face unlawful police conduct. Understanding these rights is critical — both to protect yourself in the moment and to maximize your legal claim afterward.
Right to Resist Unreasonable Force
Virginia courts have long recognized the common law right to use reasonable force to repel an unlawful arrest or unreasonable use of force by police. When officers initiate unreasonable force, they may forfeit the right to claim the suspect was "resisting arrest."Judge Beales explained the right and risk of resisting an illegal arrest in Lightfoot v. Commonwealth, No. 0313-20-2, 2021 Va. App. LEXIS 55, at *8-9 (Ct. App. Apr. 6, 2021)(UNPUBLISHED)
Right to File a Federal Civil Rights Claim (§ 1983)
Under 42 U.S.C. § 1983, any person whose constitutional rights were violated by a government officer acting under color of law may sue for compensatory and punitive damages in federal court.
Right to Sue the Municipality
If the unlawful force results from an official policy or widespread custom within a department, the city or county itself may be liable under Monell v. Department of Social Services, 436 U.S. 658 (1978). This can dramatically increase the damages recoverable.
Bystander Officer Liability
An officer who witnesses excessive force and does nothing to stop it can also be held civilly liable. Silence is not immunity when the law imposes a duty to intervene.
Petersburg excessive force case successfully handled by our firm.
"As a nation we must stand together and say 'This has to stop!' There is no excuse for brutality in our police forces — and juries cannot signal to officers that they may continue to misbehave with minor slaps on their wrists."Call Tom Roberts Directly
What Is Qualified Immunity — And Can You Still Win?
Qualified immunity is a judicial doctrine that can shield police officers from personal civil liability unless they violated a "clearly established" right. It is one of the most significant obstacles in police brutality cases — but it is not insurmountable.
Courts apply a two-step analysis: (1) Did the officer's conduct violate a constitutional right? (2) Was that right "clearly established" at the time of the incident, such that a reasonable officer would have known their conduct was unlawful?
Our firm has successfully navigated qualified immunity in the 4th Circuit — including establishing precedent in the Nazario litigation. Recent 4th Circuit decisions have moved toward restricting qualified immunity where officers used force against non-resisting, non-violent persons.
"Because the right to be free from being tased and subjected to physical force while not actively resisting and while being non-violent was clearly established, a reasonable jury could find that the officer violated [plaintiff's] clearly established right to be free from excessive force."
— Shumate v. City of Adrian, 44 F.4th 427, 450 (6th Cir. 2022)Read Attorney Roberts' full analysis of qualified immunity →
Virginia Excessive Force Lawsuit — Common Questions
We Fight for Police Brutality Victims Across Virginia
Thomas H. Roberts & Associates, PC represents clients in excessive force and police brutality cases throughout the Commonwealth of Virginia, including:
Our Richmond office: 105 S 1st Street, Richmond, Virginia 23219 • 804-783-2000
Your Rights Were Violated.
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Don't face the government alone. Our civil rights attorneys have been fighting police misconduct for over 40 years — and we don't back down. Justice and civil rights: it's in our blood.
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Thomas H. Roberts & Associates, PC • 105 S 1st Street, Richmond, Virginia 23219
This page is for informational purposes only and does not constitute legal advice. Contact us to discuss your specific situation.
