Police Brutality Prosecutions Under Federal Statutes
What is Police Brutality?
Police brutality generally refers to the use of excessive force by law enforcement officers beyond what is necessary to control a situation.
Why Federal Prosecution?
Most police misconduct cases are handled at the state level, but federal authorities can prosecute under certain statutes, especially when:
Constitutional rights (e.g., Fourth Amendment) are violated,
Local jurisdictions fail to act,
Civil rights laws are violated.
Key Federal Statutes Used:
42 U.S.C. § 1983 – Civil action for deprivation of rights (civil, not criminal)
18 U.S.C. § 242 – Deprivation of rights under color of law (criminal statute)
18 U.S.C. § 241 – Conspiracy against rights
Civil Rights Act of 1964 (Title VI, etc.)
Among these, 18 U.S.C. § 242 is the primary criminal statute for prosecuting police brutality.
Important Case Law Examples
1. United States v. Rodney King Officers (1992)
Court: U.S. District Court for the Central District of California
Facts:
Four LAPD officers were videotaped beating Rodney King after a high-speed chase.
State Outcome:
Initially acquitted in state court, which sparked the 1992 LA riots.
Federal Outcome:
Federal prosecutors charged the officers under 18 U.S.C. § 242 for violating King’s civil rights. Two officers were convicted.
Significance:
One of the first major federal prosecutions of police brutality, showing how federal laws can intervene when state systems fail.
2. United States v. Michael Slager (2017)
Court: U.S. District Court for the District of South Carolina
Facts:
Slager, a police officer, shot Walter Scott in the back as Scott fled a traffic stop.
Charges:
Slager was charged with violating Scott’s civil rights under 18 U.S.C. § 242.
Outcome:
Slager pled guilty to civil rights violation and was sentenced to 20 years.
Significance:
Highlighted federal willingness to prosecute officers for deadly force violating constitutional rights.
3. United States v. Minneapolis Police Officers (2021)
Court: Federal District Court (Minnesota)
Facts:
Officers involved in the killing of George Floyd were charged federally after state prosecution.
Charges:
Violations of civil rights under 18 U.S.C. § 242 and conspiracy under 18 U.S.C. § 241.
Outcome:
Several officers were convicted or pled guilty.
Significance:
A landmark case emphasizing federal accountability for police brutality.
4. United States v. James B. Chappell (2013)
Court: U.S. District Court for the District of Oregon
Facts:
Officer Chappell was charged after using excessive force during an arrest.
Charges:
Civil rights violation under 18 U.S.C. § 242.
Outcome:
Convicted and sentenced to prison.
Significance:
Demonstrated the federal courts’ readiness to prosecute less high-profile cases of police brutality.
5. United States v. Steven R. Rushing (2005)
Court: U.S. District Court
Facts:
Rushing was a sheriff’s deputy who severely beat a suspect in custody.
Charges:
Charged under 18 U.S.C. § 242 for civil rights violation.
Outcome:
Convicted and sentenced.
Significance:
An example where federal intervention corrected local failure to address brutality.
6. United States v. Serino (2018)
Court: U.S. District Court for the District of Connecticut
Facts:
Serino, a police officer, was charged for excessive force in arresting a suspect.
Outcome:
Conviction under 18 U.S.C. § 242.
Significance:
Reinforces federal enforcement even in routine policing incidents when rights are violated.
Summary of Legal Points:
18 U.S.C. § 242 criminalizes willful deprivation of constitutional rights by those acting under “color of law” (e.g., police officers).
The government must prove willfulness — that the officer intentionally violated rights, not just acted negligently.
Penalties can include prison time, especially in cases involving serious bodily injury or death.
Federal prosecutions are often used when state-level systems fail or are biased.
Civil rights conspiracy charges under 18 U.S.C. § 241 can apply when multiple officers coordinate to violate rights.
Video evidence and eyewitness accounts often play a critical role in securing convictions.
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