Civil Rights & Police Misconduct

Wisconsin Excessive Force Lawyers

When police use force beyond what the situation requires, you have the right to hold them accountable.

When police use force beyond what the situation requires, you have the right to hold them accountable.

Law enforcement officers have the authority to use force when it is genuinely necessary — but that authority has limits. When officers go beyond what the situation requires — beating a handcuffed person, using a taser on someone who poses no threat, or using an unreasonable amount of force without justification — that is a civil rights violation. Victims of excessive force can pursue justice through a federal civil rights lawsuit.

At Strang Bradley, we represent individuals and families across Wisconsin who have been harmed by law enforcement misconduct. We understand both the legal framework and the human cost of these cases, and we fight hard for accountability and compensation.

What Counts as Excessive Force?

The constitutional standard comes from the U.S. Supreme Court’s decision in Graham v. Connor, which asks whether the officer’s use of force was “objectively reasonable” under the circumstances — judged from the perspective of a reasonable officer on the scene, not with the benefit of hindsight. Relevant factors include:

  • The severity of the crime or infraction at issue
  • Whether the individual posed an immediate threat to the safety of officers or others
  • Whether the individual was actively resisting arrest or attempting to evade arrest by flight

Examples of excessive force include striking, kicking, or stomping a person who is already restrained or compliant; using a taser, pepper spray, or baton against someone who is not resisting; choking, neck restraints, or positional asphyxiation; deploying a police dog against a non-threatening person; or using force against bystanders and witnesses who are simply present.

What to Do If You Were a Victim of Excessive Force

  • Document every injury with photographs, and seek medical attention immediately — even if you believe your injuries are minor. Medical records are critical evidence.
  • Write down exactly what happened as soon as possible: what was said, where officers were positioned, and the sequence of events. Memory fades.
  • Identify any witnesses — bystanders, neighbors, other officers — and obtain their contact information if you can.
  • If you can, speak with any attorney before law enforcement.
  • Contact Strang Bradley as soon as possible. Strict deadlines apply to civil rights claims, including a notice requirement for some claims against governmental entities.

Constitutional and Wisconsin Law

Excessive force claims are brought under the Fourth Amendment, which protects against unreasonable seizures, through 42 U.S.C. § 1983 — the primary federal civil rights statute. If the force occurred while a person was in custody (post-arrest), the Eighth Amendment may also apply. In addition to the officer who used force, liability may extend to the municipality or county when the force resulted from a policy, custom, or pattern of misconduct (under Monell v. Department of Social Services); to supervisors who knew of or approved unlawful conduct; and to officers who witnessed the excessive force and failed to intervene.

Compensation You May Be Entitled To

A successful claim can recover medical expenses (including ongoing treatment), lost wages and lost earning capacity, pain and suffering, psychological trauma such as PTSD and anxiety, compensation for the constitutional violation itself, punitive damages against the officer individually, and — under 42 U.S.C. § 1988 — your attorney’s fees and costs.

Why Choose Strang Bradley

Civil rights cases against law enforcement are difficult. Officers are often protected by qualified immunity, municipalities vigorously defend their employees, and evidence can disappear quickly. Our attorneys know how to navigate these obstacles — from filing proper notices and obtaining body-camera footage to deposing officers and presenting these cases to juries. Our civil rights team has spent their careers fighting for people whose rights have been violated by those in power.

Strang Bradley’s History of Winning Excessive Force Cases

A selection of the excessive-force cases the firm has recently filed, won on summary judgment, and obtained judgments in.

Recent Cases Filed

  • Lilteich v. State of Wisconsin et al

    No. 3:25-CV-00047 (W.D. Wis.)

    Date Case Filed: 1/22/25

    Defendants: State of Wisconsin, Wisconsin Department of Corrections, Brett Mierzejewski, Candice Andrychowicz, Jennifer Burns, Matthew Conard, Rick Dreikosen, Zachery Ebben, John Halle, Linda Holentunder, Amy Kalmus, Corinna Lefeber, Christopher Rost, Lisa Schneider, Nathan Schroeder, Patrick Vanderwaal, Susan Sickinger, Mark Raeder, Terry Schuett, Harold Beck, Jeremy Wiltzius, Christopher Bruden, Michael Eichstedt, John Gliniecki, Heather Heinen, Amber Moeller, Todd Golembeski, Ryan Wehrmann, and Wayne Olson

    Claims:

    View Filed Complaint

  • Koplien v. Marathon County et al

    No. 3:26-CV-00066 (W.D. Wis.)

    Date Case Filed: 1/27/26

    Defendants: Marathon County, Tristen Wanden, Ronald Kohlmann, and Lor Vang

    Claims:

    View Filed Complaint

  • Vargas v. City of West Allis et al

    No. 2:26-CV-00343 (E.D. Wis.)

    Date Case Filed: 3/2/26

    Defendants: City of West Allis, Morgan Youngquist, Olivia Court, Mark Burckel, Jesse Yiannackopoulos, and Levi Kossow

    Claims:

    View Filed Complaint

In the news

Answers

Excessive Force FAQs

  • What is the legal standard for excessive force?

    Courts apply the “objective reasonableness” test from Graham v. Connor, weighing the severity of the offense, whether you posed an immediate threat, and whether you were resisting or fleeing — judged from the scene, not in hindsight.

  • Can I sue if I was committing a crime when force was used?

    Yes. Even a lawful arrest does not justify excessive force. The question is whether the amount of force was reasonable, not whether you were suspected of an offense.

  • Does qualified immunity automatically bar my case?

    No. Qualified immunity can shield officers unless they violated a “clearly established” right. It is a real hurdle, but not an automatic bar — experienced counsel knows how to confront it, including by bringing civil rights claims that are not subject to qualified immunity.

Were you subjected to excessive force? Let’s talk.

Consultations are free and confidential. Tell us what happened and we will tell you how we can help.