Police are sworn to protect and serve the public. But it is an unfortunate fact that there are numerous instances in which police officers and law enforcement officials abuse their position and cause serious harm to the citizens they serve. Misconduct by law enforcement personnel can range from verbal abuse to harassment, improper detention, and physical assault.
When a police officer fails to measure up to the appropriate standards of conduct, the help of an experienced New York civil rights litigation attorney may be necessary for the victim to achieve justice. An attorney can advise you of the policies, procedures, and rules of law that the police must follow to ensure your civil rights are protected and advocate on your behalf when police violate their sworn duty.
If you believe your civil rights have been violated by New York City police or other law enforcement personnel in New York State, contact Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. today. We can protect your rights and ensure that you are not subjected to the will of police and the New York City government bureaucracy alone.
What Is Police Brutality?
Police misconduct can take many forms, including:
Excessive force or brutality
False arrest
Custodial negligence (not seeing to a detainee’s needs)
False imprisonment or illegal detention
Malicious prosecution
Searches without a warrant
Arrest without a warrant
Failure to release a pretrial detainee promptly
Apprehension of a suspect by use of deadly force
Inmate/prisoner assault by guards
Allowing inmate/prisoner assault by fellow inmates
Denying an inmate/prisoner certain privileges such as visitation, the practice of religious beliefs, or access to legal materials or mail.
If you or a loved one has experienced such injuries, a New York lawyer skilled in civil rights litigation should be consulted immediately. This kind of activity is illegal and victims of police brutality deserve a strong advocate.
A lawyer from Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. can help ensure your complaint is heard and does not get swept aside. In addition, with an attorney looking out for your rights, you can be assured that every question you have will be answered and explained as your case progresses.
Daily Complaints of Police Misconduct in New York City
Interactions between New York police and the citizens they are sworn to protect make headlines when they go wrong and someone is killed or severely injured. But law enforcement officials and civilians alike know that numerous slights, indignities, and outright violations of civil rights occur every day that few people ever hear about. Most cases do not make headlines.
The New York City Civilian Complaint Review Board (CCRB) is an independent agency empowered to investigate, mediate, hear, and recommend action on complaints against New York City police. It is authorized to investigate complaints against NYC police officers alleging the use of excessive or unnecessary force, also known as police brutality, abuse of authority, discourtesy, and the use of offensive language.
In 2021, the CCRB received 3,393 complaints. The Board completed 612 full investigations and substantiated at least one allegation in 34% of the cases it investigated. The NYPD pursued nearly 250 disciplinary actions ranging from formalized training to charges.
Can You Sue the NYPD for Police Brutality?
If you suffered brutality or misconduct at the hands of an NYPD officer, you have options to pursue compensation distinct from filing a complaint with the CCRB. However, filing a lawsuit against the police differs from other types of lawsuits.
To begin the process, you must first file a Notice of Claim with the NYC Comptroller’s Office; however, you must act quickly as the claim must be filed within 90 days of the police brutality incident. After the notice of claim is served and processed, you can move forward with your claim in court.
Compensation Available in a Police Brutality Lawsuit
U.S. citizens who have been denied their rights by police may sue to recover compensation in the form of compensable and punitive damages, as well as the cost of their attorneys’ fees. Compensable damages include payments for economic losses, such as medical bills, lost income and property damage. Punitive damages are additional payments required by the court to punish those who have violated the plaintiff’s rights and to serve as a deterrent to others who would act similarly.
As you may expect, lawsuits against the police require strong cases to be successful. Police officers enjoy qualified immunity, which protects them from lawsuits in many cases, such as if they inflict physical harm in the performance of their duties. While police seek to protect the public, their power is not without limits.
According to the Comptroller’s annual claims report, the city of New York paid over $170 million to resolve civil rights violations and police action lawsuits in 2021. Monetary compensation not only helps ease the financial and emotional burden police brutality incidents inflict on victims but also helps hold law enforcement agencies and the city accountable.
Hecht, Kleeger & Damashek will investigate the circumstances of your case and gather evidence of police misconduct if it occurred. We can help you obtain damages you deserve for any physical, psychological, or financial harm you have suffered because of police brutality or other misconduct.
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When I spoke to Mr. Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., we have the knowledge and experience to approach your case with competence and energetic advocacy. If you have had your rights violated by a police officer entrusted with special privileges and powers, it is easy to feel overwhelmed, scared, and unsure of where to turn. When our firm stands up for your rights, you are not alone.
We have experience standing up to injustices and misconduct committed by law enforcement personnel and are dedicated to fighting for the rights of our clients. We have the know-how and resources required to investigate matters of police brutality and collect any available evidence to substantiate our clients’ claims. We have recovered tens of millions of dollars for our clients and will always seek the top cash award available in our pursuit of justice.
We’re here to protect your rights. Contact Hecht, Kleeger & Damashek today to begin the work of collecting the evidence required to substantiate your claim.
