The Bay Area can be a dangerous place. In addition to the services of local police departments, many companies and individuals retain security personnel. Their job is to protect people and property while maintaining public safety. While trained in efforts at deescalating disturbances, there are situations which require swift and firm action. In recent years, those in these types of occupations have come under fire over allegations of using excessive force. As experienced San Jose employment law attorneys, we represent those who are facing these accusations, protecting their reputation and their jobs.
San Jose Officer Wins Back Job After Firing Over Excessive Force Allegations
A police officer risked his own personal safety in confronting a disturbed individual at San Jose State University several years ago. Unfortunately, his actions in apprehending, restraining, and eventually arresting the suspect resulted in him getting fired from his job.
The incident happened in 2016. The officer was summoned by SJSU security officials, who spotted an individual on the eighth floor of the Dr. Martin Luther King Jr. Library, allegedly looking at pornography and masturbating. The officer approached the suspect and asked for his name and birthdate. However, the answers the man gave became more and more bizarre.
Due to his strange behavior and evasive answers, the officer moved to take the suspect into custody. When the man resisted, a wrestling match ensued. Other officers eventually provided back up and the suspect was cuffed and taken to the hospital. He suffered numerous abrasions, broken ribs, and a collapsed lung. The officer suffered bruises and a fractured wrist. He was later fired from his job for excessive force. Based on his previously clean record, the officer filed an appeal. After a lengthy legal battle, the officer eventually won back his job and is now employed by another police department.
Defending the Actions of Police and Security Personnel
The officer was fortunate in the above case. Two other San Jose Police officers were found to be liable for excessive force in an altercation that left a local man dead. The man was suicidal and had already shot himself twice when he waved a gun at the officers approaching. They responded by fatally shooting the man. While cleared of criminal charges, they lost their jobs and are liable for millions in damages to the victim’s family.
Police are not the only ones that can face accusations of excessive force. Others who could find themselves in this type of situation include:
- Personal bodyguards
- Bar and nightclub bouncers
- Patrol officers
- Security guards
Contact a San Jose Attorney Today
Any type of employee tasked with monitoring and protecting people or their property can find themselves facing accusations of excessive force. In these situations, the Jachimowicz Law Group is a strong advocate on your side. Call our office or contact our skilled San Jose employment attorneys online and request a consultation to discuss how we can help you today.
Sources:
https://www.kqed.org/news/11759028/former-san-jose-state-cop-fired-for-excessive-force-won-job-back-on-appeal
