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Failure to Intervene

Officers are duty bound to protect citizens from constitutional violations by fellow officers.

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An officer with a baton beside a second officer making an arrest

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What Is Failure to Intervene?

An Officer Who Watches Can Be Liable Too

Officers are duty bound to protect citizens from constitutional violations by fellow officers. The duty does not fall only on the officer who uses the force — it reaches the officer standing beside them.

In the event that an officer does not intervene, they may be liable for their failure to intervene. That liability sits alongside any claim against the officer who committed the violation, and both can be pursued in the same case.

Failure to intervene is one of the civil rights claims Joel Silberman brings against law enforcement, most often together with an excessive force claim.

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The Duty in Practice

When an Officer Must Step In

The duty follows a simple sequence:

The Officer Is There

An officer is present, or witnesses another officer violating an individual’s constitutional rights.

They Must Intervene

At that point the duty is to intervene and help that person — not to wait, and not to defer to the officer committing the violation.

Or They May Be Liable

In the event that they do not do so, they may be liable for their failure to intervene.

This is why more than one officer is often named in a civil rights case — the officer who acted, and the officers who stood by.

A responder giving first aid to an injured person in the road

What It Looks Like

An Example of Failure to Intervene

An example of failure to intervene is where a police officer is beating an individual with a baton for no lawful or justifiable reason and his partner stands nearby watching and fails to do anything to stop the attack.

The partner never raised the baton. Under the duty to intervene, that is not the end of the question — what matters is that they were there, the violation was in front of them, and they did nothing to stop it.

Two officers restraining a man while others stand by

In Their Words

What Clients Say

“I cannot recommend Joel Silberman, Criminal Defense Lawyer, highly enough! As someone dealing with extreme anxiety and facing the court system for the first time, I was incredibly overwhelmed. From our first meeting, Joel’s empathetic and understanding nature made me feel like I was talking to a friend rather than just a lawyer. He managed to bring my anxiety down to zero and, most importantly, he got my misdemeanor case dismissed with a clean record. If you want a lawyer who truly cares and delivers results, there is simply no one else like him. I will forever only trust him and will recommend him to my family and friends! You can tell he breathes, eats, and sleeps thinking about law! He is extremely passionate about defending others.” – Solangy Perez

“Joel constantly comes through. He has helped me and I have sent my family and friends to him. He does whatever he can to try and win and makes you feel safe and comfortable. He is like having a guard dog by your side going into battle!.” – Jason

“In my opinion, Joel is an exceptional attorney. I have no hesitation in recommending your professional legal services and I commend you on how friendly, accessible and efficient you are.” – Rogers

“I had a wonderful experience with Joel. He was the best attorney and friend I could have ever come into contact with. Joel saved my life and my family from total and utter destruction. Thank you so much for the time and effort you put into my son’s case.” – Stephen

“Joel is an outstanding defense lawyer! Very proactive, reliable, quick and he defends his client vigorously. Not only had he saved me, but also my time and money from the endless court fees, fines and other expenses as well.”- Christopher

Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

Speak With Joel Silberman

If Your Civil Rights Were Violated

If you believe that you or a loved one’s civil rights have been violated, please call The Law Offices of Joel Silberman, LLC at 201-420-1913 or email us at joel@joelsilbermanlaw.com for a free consultation.