The 4th Amendment and Excessive Force: A case that helps our clients!

The threshold to overcome by Plaintiffs in civil actions against Police Officers for "excessive force" is that, the force utilized on the date in question has to be excessive and not reasonable under the circumstances.

In all cases, the "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split–second judgments–in circumstances that are tense, uncertain, and rapidly revolving–about the amount of force that is necessary in a particular situation. The "reasonableness" inquiry in an excessive force case is an objective one: the question is whether the officers’ actions are "objectively reasonable" in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.

This case bellow has been used by our law firm to time and time again to help our client's cases in federal court against police officers who used "excessive force." This is a 5th Circuit case.

Flores v. City of Palacios, 381 F.3d 391 (5th Cir. 2004)

 A police officer sought to detain a sixteen (16) year old woman because she was parked on the wrong side of the road and because, when he shined a spotlight on her car, several people fled from the vicinity. The woman did not respond to the officer’s repeated commands that she stop and instead drove away. The officer shot her car to prevent her escape. The officer’s shot entered the car’s bumper just above the tailpipe and ultimately lodged in the back of the muffler. The minor suffered no immediate physical injury, though her car was damaged.

When the woman stopped, the officer arrested her for evading detention. It was determined that the sixteen years old was in violation of a weeknight curfew for minors. Later investigation revealed alcohol in the area surrounding where the car was parked, though no evidence suggested she had been drinking. The woman sued the officer and the city pursuant to 42 U.S.C. § 1983 claiming excessive use of force.

On appeal, the court held that the district court properly denied summary judgment on the excessive force claim. The officer used physical force by shooting at her car, and the termination of her freedom of movement was accomplished by the shot to her car. The suspect’s perception of her detention is not considered when it is accomplished by means of physical force. It was clearly established that shooting toward a person is a use of physical force. It was also clearly established that a use of physical force that succeeds in stopping a fleeing suspect constitutes a seizure. It was clearly established that stopping a moving car by intentionally shooting it constitutes a seizure.

It was clearly established at the time that psychological injuries can be sufficient to state a 4th Amendment excessive force claim. The officer was on notice that using force carrying with it a substantial risk of causing death or serious bodily harm is "deadly force." The officer was also on notice that deadly force would only be justified by a reasonable belief that he or the public was in imminent danger. The officer reasonably should have known that his action caused a substantial risk of death or serious bodily harm. As such, the officer is not protected by qualified immunity as to the minor’s Fourth Amendment excessive force claim.

Police Officers should not be deterred from using force, if necessary, while effectuating an arrest, but only when–the force utilized–is "objectively reasonable" under the circumstances and not "excessive." It is the burden of the Plaintiff to prove and show that the Police Officer was not entitled to Qualified Immunity on the particular date.

If you, or someone you know has been injured by a police officer, and you believe that the force was excessive give us a call (210) 979-9777. The Baez Law Firm has been helping people with their police brutality cases and has been successful in bringing great results.

San Antonio Lawyers and Attorneys

The Baez Law Firm has San Antonio Lawyers and Attorneys helping the legal needs of our community. We do this, because we care about people's legal needs. Our staff members make a difference, and our San Antonio Attorneys will fight for your rights.

We handle not only personal injury, but other areas of law. In the area of personal injury, we have created an accident tool that can help you, in the event of an accident in San Antonio. Our lawyers are here to help you step by step, in the event of an injury as a result of negligence.

We have partner in the area of family law in San Antonio and in Texas, with Cheap Texas Divorce. When people cannot afford an attorney but need a divorce in Texas, Cheap Texas Divorce is the solution for a Texas Divorce. Although we handle divorces, many people cannot afford to pay thousands of dollars for a divorce, but they can afford Cheap Texas Divorce.

When you need a criminal defense lawyer in San Antonio, you need us! We have successfully helped numerous defendants present their cases in court. We handle DWI defense, drug charges, assault and battery, murder, or any felonies and misdemeanors in all courts in Texas. When you need aggressive legal representation for your criminal case, we are here to help.

Regardless of your legal need in San Antonio, when you need a lawyer or attorney in San Antonio, you can count on The Baez Law Firm. Come and see us, and you will see the difference. We have payment plans to help any budget. Do not go to court in San Antonio alone. Have your own legal team helping you.

When you need a Super Lawyer in Antonio, you need The Baez Law Firm.

Auto Accidents in San Antonio

San Antonians just finished with the celebration of a long tradition, Fiesta Week. During Fiesta, there are numerous auto accidents in San Antonio, many of the victims do not seek legal representation. Our Lawyers in San Antonio would like to know why? Why would anyone in San Antonio would go unprotected when they are victims of auto accident? An insurance company will never go to battel without their weapons, why should a victim of an auto accident in San Antonio not do the same?

We have been representing victims of auto accidents in San Antonio and Bexar County sucessfully. Our San Antonio Lawyers and Attorneys handle all types of personal injury cases, including auto accidents, medical malpractice, negligence, police brutality, civil rights violations, trucking accidents, motorcylce accidents, fatalities, wrongful death and much more.

Our San Antonio Lawyers also handle Family Law, Business Law, Criminal Defense, Appeals, Consumer Law and many other areas of law. If you have been injured, as a result of someone's negligence, give us a call (210) 9798-9777.

We are here to help you during difficult times, because we care about your legal needs.

Release of our new Android Application

November 21, 2011

Download our Free Accient App

Accidents happen when you least expect them. Do you and your family know what
to do at the scene of an accident to protect your rights? Most people answer no! We want you to be prepared before an accident takes place. That is why The Baez Law Firm is bringing you the Accident Tool App for your Android smart phone. And the Accident Tool App is FREE. People in San Antonio can use this application in the event of an accident to preserve all the required evidence that will help them on their case. Our San Antonio lawyers are here to give you free legal advise in the event of an accident.

Features of the free Accident Tool App

* Know what to do at the scene of the accident
* Record all pertinent accident information
* Take Photos
* Take witness statements
* Get Map Locations
* Gather Weather infomation
* Free Case Evaluation

Visit us:

The Baez Law Firm
San Antonio Lawyers
Cheap Texas Divorce
Android Application

Things to remember during this Halloween

The Baez Law Firm, P.C. will like to wish everyone a happy and safe Halloween this year. Please, be advise that there are numerous irresponsible drivers that would drink and drive, without thinking of the consequences nor the damages that they can cause.

Parents, please inspect your children candies before you allow them to eat them. Some criminals still use Halloween as a means to express their wickedness. Be safe!

Children, when crossing the streets, please look both ways. Always have a reflective best or light to show the drivers that someone is there. There are many dark places in San Antonio, and a light would need to be used.

Please, let's make this year one that we can be proud of and say, there were no accidents nor fatalities in San Antonio.

Our newest employee

The Baez Law Firm is proud to announce that Felicia Montoya is our newest employee. She has taken the position as a receptionist so she is now the face and voice of the firm.

Ms. Montoya is married and has two children. She was raised and lives in San Antonio and will be a great asset to our staff. She has a vast experience in customer service and she has dealt with legal clients in the past.

If you have a need for an attorney, call us (210) 979-9777. You will hear our newest voice and notice the difference from the moment that you contact us. We are San Antonio Lawyers and Attorneys that care about your legal needs.

You can always stop by our law firm, since your initial consultation is always free. Our lawyers handle personal injury, family law, business law, criminal law, consumer law, bankruptcy, appeals and many other areas of law.

Personal Injury Trial Lawyers

The Baez Law Firm has been helping injured Texans for several years. Our attorneys will take time to listen to your facts, and will take your case to trial when necessary. Many times though, our attorneys have the tough job to tell a client that, there is no case. When you have been wronged by someone, come see us. We will treat you with respect and dignity. When someone is responsible for their negligence, come see us. We can help, but if we can't, we often tell you who can. Come see us, and you will see the difference from the moment that you walk through our doors. Your personal injury consultations are always free. Visit our websites at http://www.thebaezlawfirm.com or http://www.san-antonio-lawyer-attorney.com

Homes evacuated in San Antonio

AP News- Thank God that no one was injured, or so the reports say, but what a nightmare. Construction crews, presumably from Centex Homes moved dirt to shore up a group of houses precariously perched on a crumbling hill in San Antonio on Monday as engineers tried to determine why the land below was shifting, causing dozens of homes to evacuate.

The City of San Antonio is saying that a wall that was supposed to retain the dirt in place to prevent what happened, was built without a permit. Gaping crevices, some 15 feet deep, cut across several yards as dirt cascaded into a towering stone retaining wall that nearly split in half.

Home buyers are wondering now whether the premiums payed for the supposed "view" were worth the trouble that now they face. Some lot owners payed $10,000 additionally for the upgrade that now it does not seem like an upgrade at all.

The Baez Law Firm will be representing home owners against the building companies in an effort to bring the buyers closure during this nightmare. If your house has been one affected, give us a call. Our San Antonio Law Firm can help you with your legal needs.

Vehicle accident in San Antonio or Bexar County, we can help

You have seen our adds on the via buses all throughout San Antonio and Bexar County. We tell you that "we care about your legal needs," and we mean it. The Baez Law Firm, P.C. can help you with your auto accident in San Antonio. Our lawyers are experienced in dealing with insurance companies.

When you have a car accident, you need to gather all the information about the person that collided with you. Our staff will get the police report, issue letters of protection on your behalf, and send you to the best doctors available in San Antonio.

We are known to try cases that other firms refuse because they are not too big. Our firm does not back down from a fight with the insurance companies after your vehicle accident. When you are injured, the last thing you need is to have to fight with an adjuster. Let our attorneys fight for you!

If you suffer broken bones, fractures, scratches, lacerations, bruises or any other type of injury, we can help you get the money that you deserve for your injuries. If a love one die, as a result of negligence of the driver, we can help you, and your family collect money for your lost. Although we cannot bring back your love one, you and your family should be compensated for your lost with a substantial amount of money.

We have doctors all throughout San Antonio and Bexar County, and we can come to you if you need us. Let our experts handle your car or auto accident. Let The Baez Law Firm, P.C fight for your rights. This is why we say "we care about your legal needs."

Boating accident or injury, come see us

Summer time has officially started in Texas. As such, many people will take out their summer gear, including their boats. However, not all of the individuals are aware of Texas law, regarding boating accidents.

In it pertinent parts, the law states: "Operators of vessels involved in any collision, accident or other casualty resulting in death or injury to any person or property damage exceeding $500 must file a full accident report within 30 days in accordance with Texas Parks and Wildlife Department regulations. Failure to file a report is punishable as a Parks and Wildlife Class C misdemeanor. Accident reports filed by the operator(s) are confidential and not admissible as evidence in court. Report forms may be obtained from Texas Parks and Wildlife officers, marine safety enforcement officers, or game wardens." This part covers the reporting requirements.

Moreover, the law states: "the operator of any vessel involved in a boating accident must stop and render needed assistance unless such action would endanger his crew, passengers or his own vessel. The operator must give his/her name, address, and vessel identification number in writing to any injured person and to the owner of any damaged property. Failure to render aid in an accident resulting in death or serious bodily injury is punishable as a Parks and Wildlife felony. Failure to render aid in an accident not resulting in death or serious bodily injury is punishable as a Parks and Wildlife Class A misdemeanor."

Finally, the law states:"It is unlawful to operate while intoxicated. (Intoxication is defined as the loss of mental or physical faculties, or blood alcohol content of 0.08 or greater). A first conviction is punishable by a fine not to exceed $2,000, confinement in jail not to exceed 180 days, or by both. A second conviction is punishable by a fine not to exceed $4,000, confinement in jail not to exceed one year, or by both. A third conviction is punishable by a fine not to exceed $10,000, imprisonment in jail for not more than 10 years or less than 2 years. Failure to submit a specimen to determine blood alcohol content may result in the suspension of the operator’s driver's license."

Texans need to be aware of the laws that governs boating and adhere to those laws, so that every one can have a more enjoyable summer.

If you have been injured as a result of some one's negligence, The Báez Law Firm, P.C. is here for you. We are a general practice law firm that cares about your legal needs. We handle personal injury, family law, business law, criminal law, bankruptcy, litigation, appeals and many more.

Vehicle accident, come and see us

There are important things that need to be done when it comes to handling your personal injury case. The Báez Law Firm, P.C. has handle thousands of cases and we know what it takes to succeed.

If you had an accident, please, follow the list bellow:

1) Do not admit anything, even if you think that you are at fault. Being in an automobile accident causes a great deal of immediate emotion like stress, excitement and anger, you never know what you will say.

2) Please, take some time to cool off and think about what happened to cause the accident before you make any statements to others regarding what caused the accident or who was at fault.

3) Always take the other driver's name, address, phone number, driver's license number, license plate number, name of the registered owner of the car, state of license, and insurance information.

4) Immediately, inform your Insurance company - Make a thorough accident report to your insurance company without delay.

5) If you are injured, go to the emergency room or have a physician examine you ASAP. This step is critical for your personal injury claim.

6) If possible, take photographs of the damages and injuries. Remember that the insurance company will take their own pictures.

7) Contact The Báez Law Firm, P.C.- You should be cautious of any person or insurance company who offers to adjust your injury claim or tries to hurry you into a settlement. If you are involved in an accident and have a viable claim, you should not try to handle it alone. Be sure to consult with an attorney to ensure that your interests and rights are protected.

We are here to help during this difficult time in your life. We care about your legal needs.

Our attorneys are ranked superb

The Baez Law Firm, P.C. provides legal representation throughout Texas. We represent victims of car accident, personal injury, wrongful death, medical malpractice, car wreck, premises liability and other areas of law.

Our website include: The Baez Law Firm, P.C., Personal Injury Trial Lawyers, Personal Injury Blog, General Practice Blog, Trial Lawyers Blog.

We appear in LawGuru and AVVO. Our lead attorney, Edgar Baez has been rated superb by AVVO.

With this blog, we congratulate Mr. Baez for such wonderful accomplishment. Your dedication to the legal profession is evident by how other people view your professionalism and contributions to the legal community.

We are very proud, and that is why we say "we care about your legal needs."