POLICE BRUTALITY

When Cops abuse Their Power

Police are legally allowed to control a situation using the minimal amount of force required, but instances of police brutality involving bodily harm to civilians or inmates are unacceptable and should be reported immediately. Likewise, if officers do not uphold an individual’s civil rights, they are in violation of the law. If you have been the victim of police brutality, contact us NOW.

WHAT IS THE DIFFERENCE BETWEEN POLICE MISCONDUCT v EXCESSIVE FORCE?

We help victims seek damages for due process violations

We will talk about police misconduct first and then excessive force.  You have a right to expect professionalism from every law enforcement officer you encounter. Unfortunately, many New Yorkers have exactly the opposite experience. They face officers who act improperly and, under the color of authority, violate the Constitutional rights of citizens and lawful residents. 

• You may have been wrongfully arrested,
• roughed up and falsely arrested by traffic cops
• or even falsely arrested while trying to photograph police misconduct

Have you been a victim of police misconduct?

In a free society, people must be free from threats and harassment by those in authority. That’s why our Constitution and our common law set limits on the actions police can take, based on:

• Reasonable suspicion — Police cannot detain a person (as in a “stop and frisk”) unless some fact would lead a reasonable person to suspect they might have committed a crime.
• Probable cause — Police cannot arrest a person unless some fact would lead a reasonable person to believe it was more likely than not they had committed a crime.
• Court-issued warrants — In most cases, police cannot search a home or a vehicle unless they have a search warrant signed by a judge.
• Exigency — The law gives officers limited leeway to act without a warrant when going through the warrant process would allow time for a crime to be committed or evidence to be destroyed.
• Miranda rights warnings — The law requires arresting officers to read a suspect a list of Constitutional rights, including the right to remain silent and to call for an attorney.

When law enforcement fails to observe these rules, travesties of justice result. Abuse of power violations include:

• Unlawful arrest
• False imprisonment
• Illegal search and seizure in violation of the Fourth Amendment
• Compulsion in violation of the Fifth Amendment
• Denial of counsel in violation of the Sixth Amendment
• Assault and battery
• Malicious prosecution
• Excessive force or police brutality

The laws governing police procedure are complex, and it’s nearly impossible to sort out a matter of police misconduct in the moment. In fact, any attempt on your part to prevent the police from acting may be interpreted as resistance, causing the incident to escalate to a tragic end. No one wants their civil rights infringed. No one wants to be unlawfully detained or arrested without probably cause. However, even if you are in the right, you should not resist arrest. Cooperate with the police, and then contact your attorney to sort out the matter professionally in a controlled environment.

What damages can a plaintiff get from a police misconduct lawsuit?

Damages in a police misconduct lawsuit vary according to the severity of the violations and the nature of your injuries. You can receive compensation for:

• Property damage
• Lost earnings
• Future lost earnings
• Medical bills
• Pain and suffering
• Emotional distress

A court may award aggravated damages if the police act in a high-handed, rude or aggressive manner. The court uses exemplary damages in cases where the police conduct was oppressive, arbitrary or unconstitutional. These are intended as a deterrent to any future wrongdoing on the part of law enforcement.

EXCESSIVE FORCE 

Next we talk about excessive force before we touch on Taser Abuse.  The mission of the New York Police Department is to enforce the laws, preserve the peace, reduce fear, and provide for a safe environment. But, too often, NYPD officers overstep the bounds of the law, incite fear and endanger the public. When police officers violate any person’s Constitutional rights and use more force than a situation warrants, the victims deserve to be compensated. We can help if 

• you were hurt or killed by police 

Use of force by police must be reasonable

The law permits police officers to use as much force as is reasonably necessary to make an arrest and protect the public. Courts look at many factors to determine if an officer’s use of force was unreasonable. Whether the force used was excessive may depend on:

• The severity of the crime the suspect may have committed
• Whether the suspect posed an immediate threat to the officer or the public
• Whether the suspect was resisting or attempting to flee

If an officer has a reasonable belief that a suspect poses a threat of serious harm to the officer or the public, the officer may use the force necessary to subdue the suspect, including deadly force, to prevent the suspect from escaping.

Building your case for excessive force against the police

Courts are deferential to the police who have to make quick judgments often in deadly situations, so winning cases must have a solid foundation of evidence. Time and again, our firm has demonstrated our ability to investigate excessive for incidents thoroughly, assemble persuasive evidence and build a compelling argument for our client’s version of the facts. It’s that level of preparation and our passion to deliver justice that enables us to deliver excellent results for our clients.

 When police officers violate any person’s Constitutional rights and use more force than a situation warrants, the victims deserve to be compensated. 

Taser Use Abuse

In the last years, the Taser gun has been added to the police force arsenal of non-lethal weapons. Although the devices are categorized as non-lethal, they deliver a powerful 50,000 volt shock and their use is linked to the following:

If you or a family member suffers injury as a result of police Taser abuse, us now for a free consultation. No recovery, no fee.

What is Taser abuse?

If a police officer is accused of overstepping the bounds of his or her authority when using a Taser gun, the court considers several factors to determine whether excessive force was used. Some of these factors include:

• The type of crime involved. If the crime was a violent one, then the use of a Taser gun is usually more justified. Conversely, if the crime was non-violent, it usually does not require the use of a police weapon.
• How the Taser gun was applied. Any of the following scenarios could constitute a questionable use of force involving a Taser:
  • Used after the suspect complies with police officer requests
  • Purposely applied to sensitive areas, such as the groin
  • Used in a prolonged application or repeated stuns
• Whether the level of force was warranted. Did the suspect demonstrate a threat of physical harm or flight from custody? If not, use of a Taser gun would be questionable.

What if You Experience Police Brutality?

If an officer of the law denies you your constitutional rights or is physically aggressive with you, comply with their requests as best as possible. To protect yourself, request restraint and say nothing more. Do not be aggressive in response or give the officer or guard any indication of non-cooperation, as it may be used against you should you decide to pursue legal action. Do your best to remain calm until the ordeal is over. As soon as you are able, contact a lawyer. Traffic stops or any other forms of non-aggravated police contact do not generally warrant the use of physical force. However, in the instance of arrest, detention, or as the result of a pursuit, officers will often use excessive force to show dominance. This is illegal and should be reported. Additionally, if you are subject to racial profiling, sexual misconduct by an officer, or bodily harm, our lawyers will provide you with your best legal solutions. If you or someone you know has been injured in a police brutality case, contact the firm today for a free consultation. No recovery, no fee.