Manhattan Police Brutality and Police Misconduct Lawyer

Manhattan Police Brutality and Police Misconduct Lawyer

If you’ve been the victim of police brutality or misconduct, you can pursue legal action against the offending officer or officers if you act in time. Call us today at Ross & Hill to meet with a Manhattan police brutality lawyer to discuss your case. You only have 90 days from the incident to file a notice of claim, so call a Manhattan police misconduct lawyer with our firm as soon as possible.

FREE CASE EVALUATION

Types of Police Brutality and Misconduct Cases

Many different types of police behavior could qualify as misconduct or brutality. In some cases, police officers violate suspects’ civil rights without causing physical harm, while in other cases, police officers use more force than necessary or arrest the wrong person. Instances of police brutality may include the following:

Excessive Force

Police officers may use reasonable force to subdue a suspect if the suspect or people nearby pose a threat to the officer or the suspect. However, many officers fail to use proportional force, instead escalating the incident using batons, tasers, or firearms on unarmed suspects or misapplying submission techniques to restrict airways or blood flow.

Racial Profiling

Many police officers have preconceived biases toward certain groups of people, and statistics show more active policing in minority neighborhoods. According to the ACLU of New York, people of color are three times more likely to suffer an injury during an arrest than white suspects, and black suspects are six times more likely. Additionally, for minors who reported injuries, 93% were children of color.

Violation of Miranda Rights

Police must read you your Miranda Rights (right to remain silent, right to an attorney, one will be provided, etc.) if they intend to interrogate you, not necessarily at the time of arrest. Most officers will Mirandize you when they make the arrest, but if you were never read your rights or police never had a translator translate your rights before interrogation, they violated Miranda Law.

Taser Misuse

Multiple shocks from a Taser can lead to heart failure, brain damage, nerve damage, and death. Police officers may overuse a taser as it is considered a “non-lethal” suppression measure or because of a lack of training in using a Taser properly.

Shooting Injury or Death of a Suspect

Sometimes, officers reach for their firearms early in a conflict, wounding or killing a suspect before verifying their identity or making an arrest. Many officers lack appropriate de-escalation training or fail to use the training they received when responding to calls.

While many officers will claim they feared for their lives, many shooting incidents involve unarmed suspects or suspects who have not drawn a firearm. If you lost a loved one to a police shooting, a Manhattan police brutality lawyer with our firm can help you pursue a wrongful death claim against the NYPD.

Unlawful Search and Seizure

Police must have reasonable cause to search for evidence during an arrest, and taking an object from a person with no bearing on the arrest qualifies as an unlawful seizure.

Sexual Assault

Some officers abuse their power to sexually assault suspects during arrest or detainment and intimidate assault victims to stay quiet about the assault. Officers who abuse their power should face criminal charges for sexual assault, rape, and corruption, in addition to civil injury lawsuits from their victims.

False Arrest

A police officer must have probable cause to place a person under arrest or detain them. Wrongful imprisonment can affect a person’s career, future job prospects, and physical or mental well-being. If you were falsely accused or arrested without cause, even without physical injury, you are still a victim of police brutality with legal recourse.

Prisoner Abuse by Corrections Officers

Prisoners have a right to humane treatment by correctional officers while serving their sentence. If you suffered abuse at the hands of correctional officers as a prisoner, you have the right to pursue damages against the officer and facility.

The Statute of Limitations for Filing a Police Brutality Case

You have 90 days to file a notice of claim with the New York City Comptroller’s Office to preserve evidence for your case, such as body cam footage. If you fail to file a notice before the deadline, you may be unable to seek compensation for your injuries.

You then have one year and 90 days to file your claim in court detailing each procedure the officer violated during your arrest or detainment.

Seeking Compensation for Police Brutality Injuries

You may be able to file a personal injury claim, a violation of civil liberties claim, a corruption claim, a miscarriage of justice claim, or some combination of claims against an officer or department precinct who violated your rights as a suspect or detainee. You might be able to pursue economic, non-economic, or punitive damages against an officer or department for injuries, rights violations, and damage to your reputation.

Contact Our Firm Today To Schedule a Consultation With a Police Brutality Lawyer

There are many forms of police brutality. Call Ross & Hill today at 718-855-2324 or contact us online to schedule a consultation with a Manhattan police brutality lawyer.

Frequently Asked Questions

For more information about police brutality cases, check out our FAQ below.

Your Manhattan police brutality lawyer can look for prior complaints against an officer or precinct and determine whether there is a history of higher-than-average arrests or complaints against the officer or department for police brutality by people of color.

You must file a notice of claim with the New York City Comptroller’s Office within 90 days of the incident. You then have one year and 90 days to file your claim in court to begin legal proceedings.

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