Government agents, including police officers, must abide by certain constraints outlined in the U.S. Constitution. A citizen who is a victim of police brutality may be able to file a claim against an officer, or the department he or she represents, under state tort law or federal constitutional laws. The following may be grounds for a police brutality case:
Denial of due process, guaranteed by the Fourth and Fourteenth Amendments.
Unreasonable search and seizure as prohibited by the Fourth Amendment.
Use of excessive force while performing an arrest.
Any violation of equal protection under the law – especially when race is a factor.