Police Rubber Bullet Injury Lawsuit
If you have suffered an injury from improper rubber bullet use by law enforcement, you might be entitled to justice and compensation. Unfortunately, victims often face frustrating pushback from those who are supposed to help. Police departments and insurance companies blame the victim or minimize the claim of injury, citing the misleading name of these weapons.
Were you or a loved one a victim of police brutality?
Attorneys that work with Police Brutality Center may be able to assist you.
Content Last Updated: April 3, 2025
Rubber bullets are a form of kinetic impact projectile used by law enforcement for crowd control. Advocates of their use describe them as “less lethal” weapons because the goal of their use is to incapacitate a person. In theory, this would help de-escalate a potentially dangerous situation. However, an increasingly large body of research shows these weapons often cause severe injury and even death.
Understanding Rubber Bullets and Their Use
Rubber bullets are projectile ammunition that transfers a degree of kinetic energy designed to cause pain and incapacity when fired from a weapon. Despite their name, they may contain non-rubber materials, including plastic, polyvinyl chloride, or a metal-containing composite.
While this technology is centuries old, in modern times, it has come into common use for dispersing large crowds. Since 2020, police departments have received significant media attention for using these projectiles in breaking up crowds of protestors—many of whom, ironically, had been protesting police brutality.
These incidents gave momentum to already-growing controversy about these weapons’ use. A 2017 study reviewed the outcomes of rubber bullet injuries over 27 years and found that of 2,135 non-fatal injuries, 71 percent were severe. The researchers also recorded 53 deaths and 300 victims with permanent disability.
A more recent review by Physicians for Human Rights identified 2,190 people with injuries from kinetic impact projectiles, 12 of whom died, while over 43 percent suffered permanent injuries.
Legal Foundations for a Rubber Bullet Injury Lawsuit
Victims of rubber bullet injuries may qualify to take legal action based on excessive force, negligence, or abuse of police power.
Under 42 U.S.C. § 1983, individuals can pursue legal action against government officials who violate constitutional rights.
Freedom from excessive force is a constitutional right under the Fourth Amendment, which prohibits unreasonable search and seizure. Force qualifies as excessive if a fair-minded officer would say a certain level of force is not objectively reasonable.
State and municipal laws also govern police conduct and acceptable levels of force. Because these laws vary significantly, it’s important to consult an experienced rubber bullet injury attorney.
An attorney can explain your options and help you gather the evidence necessary to build your case. The success of a police brutality case hinges on objective documentation, such as officer body camera footage, witness statements, civilian videos, medical records, and police reports.
The Legal Process: From Consultation to Settlement
The first step to building a legal case is seeking medical treatment for your injuries. Records of your treatment will demonstrate the type and severity of your injuries. Documenting your injuries using your cell phone camera may also be beneficial, as many injury lawsuits involve medical expert review.
Consider contacting a lawyer as soon as you are medically stable. Look for an attorney with experience arguing police brutality cases.
Case Evaluation
Legal representation typically begins with a consultation. You will discuss your case with an attorney, who will explain possible courses of action and offer options for the next steps.
This is not a lawyer-client meeting. You don’t need to sign a contract, nor will you receive legal advice. The purpose is to decide whether to move forward with this lawyer.
Challenges and Defenses
Once you choose and retain a lawyer, they will build a case against the officer or police department responsible for filing the rubber bullets. To win the case, you and your lawyer must prove the defendant acted negligently, meaning they violated their duty to act with a reasonable level of care.
Proving negligence can be challenging. Law enforcement departments and government agencies will defend officers’ actions, often claiming justification or qualified immunity.
Justification means the officer’s use of force was reasonable. However, the doctrine of qualified holds that officers are only liable if they violate established constitutional rights. Thus, many agencies have found it easy to claim this immunity and escape liability.
Your lawyer’s job is to anticipate the defense’s claims and build a case that establishes their guilt. If they can succeed, you collect compensation.
Potential Outcomes
Police brutality settlements depend on the nature and severity of your injuries. Some crowd control injuries have settlements in the millions, including a $13 million judgment against New York City when city police subjected racial injustice protestors to force. In another case, a Louisville woman recently secured $150,000 in damages for a 2020 facial injury. Every case is unique, so it’s important to discuss potential damages with a lawyer.
Common Injuries From Rubber Bullet Strikes
Rubber bullets strike with significant force and can cause severe damage. Common injuries include the following:
- Facial lacerations and fractures
- Traumatic brain injuries
- Cardiac damage
- Bone breaks
- Eye damage, including permanent vision loss
In the 2017 review of rubber bullet incidents, 84 percent of reviewed eye injuries resulted in permanent blindness. Another study reported eyelid lacerations, ruptured eyes, retinal damage, and retained bullet material in the eye socket.
Several high-profile rubber bullet injuries have also involved eye and facial injuries. Two Black Lives Matter protestors, LaToya Ratlief and Deon Jones, sustained severe facial fractures when police fired into peacefully protesting crowds. Both victims have received settlements in the past two years.
The American Academy of Ophthalmology has also established a rubber bullet eye injury registry. To date, it has recorded at least seven patients with lost eyes and many more serious eye injuries.
Frequently Asked Questions (FAQs)
When you are suffering from a police brutality rubber bullet injury, it’s normal to have questions. These are the inquiries we field most often.
Most rubber bullet injury lawsuits involve serious injury. You may have a case if your injury was severe enough to require hospital-level care.
Damages will depend on the extent of your injuries and their related costs. If you file a police rubber bullet injury lawsuit, you can pursue compensation for your medical bills, lost wages related to your accident, and other relevant losses. You may also claim compensation for pain and suffering, including mental anguish.
A lawsuit for a police brutality rubber bullet injury may settle in as little as a few months, but it’s safest to expect that will not be the case. Police departments and municipalities will likely fight hard against your claim. Contested liability extends a case, but your lawyer will stand up for your rights and push for the compensation you deserve.
How We Can Help
The Police Brutality Center is committed to securing justice for victims of law enforcement misconduct. If you have suffered a serious injury due to police use of rubber bullets, we can connect you with an experienced attorney who can help you with filing a claim.
With a civil claim, you can secure the compensation you need to start healing. Don’t hesitate—get legal help today and hold law enforcement accountable for their actions.
