What Evidence Is Necessary for an Excessive Force Claim?
Following a serious encounter with law enforcement, it can be challenging to determine what happened, what can be proven, and which paperwork is required. In excessive force cases, evidence often decides whether a concern remains a suspicion or becomes a claim that can be evaluated on your record.
Since these situations move quickly, the best evidence is often time-sensitive. Videos can be overwritten, witnesses can be harder to find later, and medical records can lose detail if treatment is delayed. Knowing what evidence is typically used can help you identify what already exists and what information you still need to gather.
At Brazil Clark, PLLC, our attorneys are experienced in working with clients seeking clear answers about excessive force claims and the types of evidence that can support them. Located in Nashville, Tennessee, we serve clients throughout Rutherford County. Contact us today to schedule a consultation and explore the necessary evidence that can support your excessive force claims.
How Are Excessive Force Claims Judged?
Excessive force claims are typically judged on whether the force used by law enforcement was reasonable under the given circumstances. This is usually tied to what the officer knew at the time, what threat was present, whether someone was resisting, and how quickly the events unfolded. Evidence that captures the timing, distance, and warnings can matter as much as injury photos.
An excessive force claim isn't built from a single piece of proof. One clip might show part of the encounter, medical records might show the resulting injury, and official reports might describe the event. Therefore, it's important to gather clear and time-sensitive evidence to support your claim.
Evidence to Support an Excessive Force Claim
If you have been a victim of excessive force following an encounter with law enforcement, you have the right to file a claim against the offending officer. However, these cases rely on objective evidence that shows the extent of the force used and the injuries you experienced as a result. Therefore, the types of evidence you should gather include the following.
Video and Audio Evidence
Video and audio evidence can show what led up to the use of force, how long it lasted, and what was said before and after the incident. Even when footage doesn't capture everything, it can help confirm locations, movements, and timing that written summaries might omit. These sources often come from more than one place, so it's worth thinking broadly about what may exist:
Body-worn camera footage: Officer body cameras may capture commands, proximity, tone, and the sequence of physical contact, depending on camera angle and activation.
Dash camera recordings: These recordings can identify vehicle stops, the approach to a scene, lighting, and where people were positioned around a car or roadway.
Surveillance video: Businesses, homes, and public locations sometimes capture surveillance footage at angles that government or law enforcement cameras don't.
Cell phone recordings: Bystanders and witnesses may capture moments from a different vantage point, including what happened just before the officers arrived.
Emergency call and dispatch audio: Emergency recordings may reflect what was reported, what the officers were told, and how the response was described in real time.
Video footage is not foolproof. It can still raise questions, such as whether a camera was on, whether audio was muted, or whether a key moment occurred off-screen. In many cases, you will need to pair video with documentation showcasing your injuries and the immediate aftermath to fill in what the cameras didn't capture.
Medical Records and Injury Documentation
Medical documentation can be used to connect the incident to your specific injuries, treatment needs, and lasting limitations. It can also indicate whether your symptoms were consistent with the reported symptoms and how quickly care was sought. Different records serve different purposes, and a complete picture often comes from several sources:
Emergency care records: These may include intake notes, observed injuries, imaging orders, and provider observations made in close proximity to the event.
Follow-up treatment notes: Ongoing care can document your progress, complications, physical therapy, and activity restrictions.
Photographs of injuries: Photos taken over time can show changes in bruising, swelling, abrasions, and scarring.
Medication and discharge instructions: These can reflect pain management needs, mobility limits, and recommended next steps after treatment.
Medical records don't always tell the whole story on their own, especially if stress, shock, or delayed symptoms affect what you reported during your first visit. Witness accounts and third-party records can often be used to add useful context about the injuries you suffered and the events that occurred.
Witness Accounts and Third-Party Records
Witness accounts can help confirm details that aren't visible on video, such as what was said off-camera, the presence of bystanders, or the timing of key events. Neutral witnesses, such as passersby or nearby workers, can be especially important when the only direct participants in the altercation were the injured person and law enforcement.
Third-party records can also support or challenge the timeline of events. For example, a ride-share receipt, a workplace time record, or location data from a non-law-enforcement source may help place someone at a specific location before or after the encounter.
Official Reports, Policies, and Digital Trails
Official documentation can show how the incident was recorded internally, the justification recorded, and the steps taken after force was used. These materials may also reveal discrepancies between the paperwork and other evidence. Depending on the situation, the following categories may be relevant:
Incident and arrest reports: Written narratives may describe the reason for contact, claimed threats, and the reasons given for escalating force.
Use-of-force reports: Some agencies require law enforcement officers to submit separate reports when certain tactics, tools, or injury levels are involved.
Booking and jail records: Intake notes, medical screening forms, and custody logs may reinforce your injuries and condition shortly after arrest.
Radio and dispatch logs: These can sometimes confirm the timing, officer arrival, calls for backup, and how the event was characterized during response.
Training materials and policy manuals: Law enforcement policies may address de-escalation tactics, restraint use, and reporting duties, which can be compared with the actual events.
Not every record is available immediately, and some materials may require a formal request to obtain. However, it's important to know what evidence exists to support your excessive force claim. If you have experienced excessive force from a law enforcement officer, contact our civil rights attorneys today.
Consult an Experienced Civil Rights Attorney in Tennessee Today
If you're considering filing an excessive force claim, you will need to gather comprehensive evidence to support your case. At Brazil Clark, PLLC, we can help you explore the type of evidence that may support your account, what official records might be available, and how to request them.
Located in Nashville, Tennessee, our firm serves clients throughout Davidson County and Rutherford County. Contact us today to schedule a consultation and explore your options.