Santa Fe Police Misuse of Force – Information & Statistics

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Apr 08, 2025

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Civil Rights Advocacy

After a fun night at El Farol or in Santa Fe Plaza, an encounter with the police should not involve police ruthlessness. In Santa Fe, police misuse of force has unfortunately caused civilian victims extensive trauma and other harm. Victims face substantial obstacles when they seek the justice they deserve with a legal claim for damages. Egolf + Ferlic + Martinez, LLC, shares information and statistics about Santa Fe police misuse of force.

What Is Misuse of Force?

Misuse of force means an officer used more force than might be considered to have been reasonably necessary to accomplish their job. Misuse of force can involve verbal threats, intimidation, and physical force when trying to control a situation.

When officers have a lawful objective, like a seizure, a traffic stop, or an arrest, they are required to use only the amount of force that’s considered necessary in the specific circumstances. They should take the crime severity, the suspect’s threat level, and their own alternatives to force into account when determining what amount of force is objectively reasonable.

What Is Considered “Objectively Reasonable”?

In the U.S. Supreme Court Case, Graham v. Connor, the Court held that excessive force cases are to be evaluated under the standard of “objective reasonableness,” which means that the force exerted must be actually justified by the situational circumstances.

What Are My Rights?

Under the Fourth Amendment of the United States Constitution, you have a constitutional right not to have excessive force used against you. Some examples of violating the Fourth Amendment right may include:

• Using force on an already-restrained person who is compliant
• Kicking someone who is not resisting an arrest and is already handcuffed
• Shooting an unarmed person
• Using otherwise lethal force when there’s no existing threat
• Using pepper spray when it’s not necessary, especially when a variety of de-escalation techniques were not attempted and could have been completed

Of note, if an officer sees another officer misusing force, they have a duty to prevent or otherwise intervene to stop the excessive force if it’s safe to do so.

Santa Fe Misuse of Force Statistics

Police misconduct remains a safety issue across Santa Fe. It’s important to report instances of excessive force because, when left unchecked, it can erode the public’s trust in their local law enforcement.

The Santa Fe Police Department’s End of Year Annual Report unfortunately showed that the use of force has increased a staggering 74%. The data reflected 106 total incidents involving the use of force, and only 14 of those incidents were deemed appropriate uses of force upon investigation.

The report detailed the reasons force was used, which included:

• Restraint to protect the public
• Force used to complete an arrest
• Self-defense
• Fleeing from law enforcement
• Involuntary force

Police Chief Paul Joye noted that more people are resisting arrest and fighting police officers, which means that more force has been used lately. He failed to take accountability for the officer’s behavior and instead said criminal behavior was the cause of the increased force use. With Santa Fe’s 2.1 million total residents as of 2024, this data shows that police use of force is substantially excessive in our area.

People suffering from police misconduct should get justice for their injuries. An attorney can stand with victims on their path to justice. They can help investigate what happened, gather compelling evidence to support your case, and maximize your financial recovery.

FAQs

What’s the Difference Between Police Brutality and Excessive Force?

Police brutality and excessive force are terms used interchangeably, but there is a small difference. Police brutality is severe and often unnecessarily abusive or aggressive behavior, which often suggests violence combined with callousness. It can involve physical violence, intimidation, or verbal abuse. Excessive force is the use of physical force that goes beyond what might be considered necessary or reasonable in a specific situation.

In short, all excessive force may be considered brutality, but not all instances of police brutality necessarily involve excessive force. For help with an excessive force issue, please contact our office.

What Could Be Considered Unethical Police Officer Behavior in New Mexico?

Like in any state, unethical police officer behavior in New Mexico could include actions that violate ethical rules, the police code of conduct, and legal rules for law enforcement. That may encompass corruption, abuse of power, or failure to uphold their oath of office to maintain ethical principles daily.

If you experienced unethical police officer behavior, call Egolf + Ferlic + Martinez, LLC. We can help investigate what happened and explain your legal rights.

Are There Consequences for Excessive Police Force?

Yes, there are consequences for police officers using excessive force. Excessive force can result in a variety of punishments, including administrative discipline, civil claims filed by victims, and potentially criminal charges. With a civil claim, you can recover damages for your injuries, pain and suffering, and other losses.

For an excessive force incident, speak with a knowledgeable attorney from our firm with plenty of experience going up against the Santa Fe Police Department.

Should I Hire an Attorney for a Santa Fe Excessive Police Force Case?

Yes, you should hire an attorney for a Santa Fe excessive police force case. It’s highly recommended that you have someone working for you who is familiar with the legal process for a complicated civil rights violation. An experienced attorney can explain your civil rights under the Constitution, explore your options for financial recovery, investigate your case, and file a claim for justice against law enforcement.

Egolf + Ferlic + Martinez, LLC – Experienced Santa Fe Excessive Police Force Attorneys

The attorneys at Egolf + Ferlic + Martinez, LLC, know how to build a solid excessive force case against officers from the Santa Fe Police Department. When officers potentially have qualified immunity, it can be difficult to bring a successful claim against them without legal assistance and advice. Our firm can ensure your case is handled correctly.

We have experience going up against the Santa Fe Police Department at the First Judicial District Court in Santa Fe, New Mexico. We can help you hold officers accountable and maximize your financial recovery.

Located near the Palace of the Governors and the Collected Works Bookstore & Coffeehouse, please contact our office or call us to schedule an initial consultation to discuss your incident.