New York Police Brutality Lawyer

Every person in New York has the right to be treated with fairness and respect by law enforcement officers. Police officers are responsible for upholding laws and protecting residents, but when they abuse their authority, the consequences can be severe. Victims of police brutality may face physical injuries, emotional distress, and violations of their constitutional rights. Understanding the laws that protect you and knowing what steps to take if you are a victim are important. If you’ve suffered serious injuries at the hands of New York police officer or other law enforcement officers, it’s critical to immediately contact an experienced New York police brutality lawyer. An experienced lawyer can help protect your rights and guide you through the legal process to seek the compensation you may be entitled to. Acting quickly ensures that evidence is preserved and deadlines for filing claims are met.

Police are permitted to use a reasonable amount of force when carrying out their duties, such as making an arrest or protecting public safety. However, the level of force must be appropriate for the situation and proportionate to the threat faced. For example, using physical restraint to subdue an armed suspect may be justified, but applying the same level of force on a compliant, unarmed individual would likely be considered excessive.

Police brutality occurs when law enforcement officers take actions that violate an individual’s constitutional rights. These violations can include:

• Excessive force. One of the most common forms of police brutality involves the use of excessive force. The courts consider various factors when determining whether force was excessive. Even if force was necessary to subdue a suspect, the type and amount of force used must be proportional. When police officers use deadly force without sufficient justification, they may be held accountable for their actions.

  For example, in Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015), on November 15, 2011, while observing the Occupy Wall Street events in lower Manhattan, Brown waited near a Starbucks for it to open. Officers Naimoli and Plevritis arrived after receiving a 911 call about people allegedly causing a disturbance. Brown approached their car, asking about nearby bathrooms, and the interaction grew tense. As she walked away, the officers demanded her ID, and when she refused, they attempted to arrest her. During the struggle, officers kicked her legs, threw her down, and used pepper spray twice.

  Brown later sued, claiming excessive force, but the court ruled the officers acted reasonably. The Second Circuit found that an officer’s use of pepper spray on a mostly compliant suspect raised genuine issues of fact regarding excessive force, emphasizing the need for a jury to decide on reasonableness

  If you believe you have been subjected to excessive force, consulting a New York police brutality lawyer is an important first step. An attorney can help you understand your rights, gather evidence, and guide you through the legal process to pursue justice.

• Wrongful arrest. Wrongful arrest occurs when law enforcement officers detain someone without probable cause. The Fourth Amendment protects against unlawful arrests and ensures that police must have sufficient evidence to justify an arrest. When an individual is detained without legal justification, they may have grounds for a civil claim for false imprisonment.
• Sexual assault. Sexual assault by police officers is one of the most reprehensible forms of police brutality. It’s a grave abuse of power and trust. Such misconduct not only physically and emotionally harms victims but also undermines public confidence in law enforcement. Victims may be coerced or assaulted during routine stops, interrogations, or under the pretense of legal authority, making it challenging for them to resist or report the abuse. For example, NYPD Officers Eddie Martins and Richard Hall were accused of official misconduct and rape. They faced charges related to receiving a bribe and the sexual assault of an 18-year-old woman in 2017 while on duty. The officers detained the woman, assaulted her in their police van, and later released her. See Doe v. City of N.Y., 18-cv-670 (ARR) (JO) (E.D.N.Y. Jan. 9, 2020)

Such conduct undermines public trust and causes serious harm to victims, who may experience physical injuries, emotional distress, and lasting trauma.

Victims of police brutality have the right to pursue legal action to hold officers accountable for their misconduct. If you or someone you know has suffered from police brutality, consulting an experienced New York police brutality lawyer is crucial. A knowledgeable lawyer can help you understand your legal options and advocate for the justice and compensation you deserve.

• Fourth Amendment. The Fourth Amendment of the United States Constitution guarantees the right to be free from unreasonable searches and seizures. This amendment serves as the basis for challenging excessive force used by police officers. Courts analyze whether the force used was objectively reasonable under the circumstances. Courts will look at the severity of the crime, whether the suspect posed a threat, and whether the suspect was resisting or attempting to flee.
• Civil Rights Act. Under 42 U.S.C. § 1983, individuals have the right to sue government officials, including police officers, who violate constitutional rights. This statute provides an avenue for victims of police brutality to seek damages for injuries caused by excessive force. In order to bring a successful claim under § 1983, you must show that the officer acted under the authority of their position and that their actions violated a constitutional right.
• Eric Garner Anti-Chokehold Act. The New York Civil Rights Law also addresses police misconduct. Under New York Civil Rights Law § 79-P, also known as the Eric Garner Anti-Chokehold Act, it is a criminal offense for police officers to use a chokehold or other similar restraint that could impede breathing. Violations of this law could form the basis of a civil or criminal case against an officer. If you believe your rights have been violated, consulting a New York police brutality lawyer can help clarify your legal options.

While there are laws designed to protect the public from illegal, reckless, and malicious actions of law enforcement, bringing a case against a police officer can be challenging due to legal doctrines like qualified immunity. Qualified immunity protects officers from being held personally liable unless they violated a clearly established constitutional right. Courts often evaluate whether a reasonable officer would have known that their conduct was unlawful under the circumstances.

Qualified immunity is a significant hurdle, and overcoming it requires a thorough understanding of constitutional law and legal precedent. An experienced New York police brutality lawyer will be able to assess whether your case has merit and advise you on how to proceed.

Victims of police brutality may be entitled to various types of compensation, depending on the specifics of their case. These may include economic damages, such as medical expenses and lost wages, and non-economic damages for pain and suffering. In some cases, punitive damages may also be awarded to punish egregious conduct by police officers and deter future misconduct.

As of August 2024, New York had already spent over $80 million in 2024 to victims of police misconduct. (Reported on KRDO.com). The value of a police brutality case and the amount that an injured victim may receive depends on a variety factors. Each case is different. However, municipalities in New York have paid out millions of dollars in settlements and jury verdicts over the years. Here are a few examples:

• 2022. $135,000 to Joseph T. Police punched in the face and dragged a homeless man off of a subway train.
• 2021. $125,000 to girlfriend of Delrawn Small. An off-duty police officer shot and killed Small in a road rage incident.
• 2016. $4.1 million to family of Akai Gurley. A rookie police officer shot and killed unarmed Gurley in a dark stairwell.
• 2015. $5.9 million to family of Eric Garner. Garner died after being put in a chokehold by a police officer.
• 2006. $9.9 million to Barry Gibbs. Due to falsified evidence by the NYPD, Gibbs spent nearly 20 years in prison.

Indeed, some of the largest settlements in recent years have been for men who were wrongfully convicted of crimes and spent decades in prison. For example, Gary Johnson, Rohan Bolt, and George Bell were each wrongfully convicted of a 1996 double murder and spent a combined 72 years in prison

Proving damages in a police brutality case can be challenging. It often requires expert testimony, medical evidence, and other documentation to establish the extent of harm. An experienced police brutality lawyer in New York can assist in gathering and presenting the necessary evidence to strengthen your claim.

In New York, the statute of limitations for filing a claim against a police officer or department depends on the nature of the claim. Under New York law, a notice of claim must be filed within 90 days if you are pursuing a claim against a city or municipal entity, such as the New York Police Department NYPD. After filing the notice, you have one year and 90 days from the date of the incident to file a lawsuit.

For federal claims brought under 42 U.S.C. § 1983, the statute of limitations is three years from the date of the violation. Missing these deadlines can result in losing your right to pursue a claim, so it is critical to act promptly. Consulting a New York police brutality lawyer can help ensure that your case is filed on time.

Qualified immunity in New York serves as a defense for police officers facing civil rights lawsuits, such as those alleging police brutality or misconduct. It protects officers from liability if their conduct does not violate "clearly established" statutory or constitutional rights of which a reasonable person would have known. This doctrine is intended to balance holding officials accountable with shielding them from undue legal pressures when they act in uncertain or quickly evolving situations. For an officer to lose qualified immunity, the plaintiff must show that the official's conduct was objectively unreasonable given existing legal precedents.

For example, in Ackerson v. City of White Plains, 702 F.3d 15 (2d Cir. 2012) Sean Ackerson was arrested for third-degree menacing after approaching a woman at her home, questioning her about a car incident. Concerned, the woman contacted the police. Ackerson later filed a lawsuit against officers Fisher and Fottrell, alleging wrongful arrest and malicious prosecution, claiming the officers lacked probable cause. The district court found that the officers acted reasonably based on available information and were entitled to qualified immunity.

The Ackerson case highlights the challenge plaintiffs face when proving officers acted unreasonably under established law. In police brutality or misconduct cases, this doctrine often leads to dismissals unless the plaintiff can demonstrate that an officer's use of force or decision-making was clearly outside the bounds of accepted legal standards, making qualified immunity a critical and often controversial defense. This is why it is critical to seek representation from an experienced police brutality attorney serving New York who understands these complexities and can effectively advocate for your rights.

Police brutality cases require a deep understanding of both state and federal laws, as well as the ability to navigate the complex legal system. Without proper representation, it can be difficult to prove that your rights were violated and that you deserve compensation. Consulting an experienced police brutality lawyer serving New York at Stephen Bilkis & Associates can make a difference in the outcome of your case. For more information or to schedule a free no obligation consultation, contact Stephen Bilkis & Associates at 800.696.9529. We represent clients in the following locations: Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, Bronx, and Westchester County.