It is not that easy to win a lawsuit against the police.
Just ask Thomas Olson. He sued the police for excessive force after they used a Taser on him 15–18 times after he had been handcuffed. This month a court concluded that there was no controlling legal authority. That is, the officers had no notice from the caselaw or regulations that they might be using excessive force. One wonders how specific the regulations have to be and how many times the officers involved may have used Tasers inappropriately but no lawsuit was ever filed.
And what sort of government would have policies so lenient toward its agents and yet tell the rest of us that we can be punished for things we “should have” done something about — even in instances where we had no notice?