Police Excessive Force & False Arrest Lawyers

In New York City, the NYPD cannot make an arrest without probable cause.  Any arrest made without a warrant has a presumption of being unlawful, and the burden falls on the police to show that probable cause existed for making the arrest.  An arrest made without probable cause is a violation of your constitutional rights and the Police Department may be held liable for damages.

False arrests and police misconduct scenarios that can give rise to lawsuits include stop and frisks, unlawful traffic stops, arrests of innocent people where drugs and weapons are discovered within the premises, as well as false allegations of assaulting an officer, trespass, or undercover buy and busts.

In addition to false arrests, the NYPD can be held liable for using more force than necessary or excessive force when making a lawful arrest.  Police brutality occurs when an individual placed under arrest sustains serious injuries at the hands of arresting officers and is a violation of your constitutional rights. 

Do I have a viable police excessive force or false arrest case?

Any potential injury case involving excessive force or false arrest by the police requires a detailed understanding of the facts, the processes, and the law. If an incident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.

When Can You Sue the Police for Excessive Force or False Arrest?

Police officers have a duty to uphold the law and protect the public. However, there are times when they may overstep their bounds and violate someone’s civil rights. If you believe you have been a victim of police misconduct, such as excessive force or false arrest, you may be entitled to compensation.

What is Police Misconduct?

Police misconduct is a broad term that encompasses any action by a police officer that violates your constitutional rights. Here are some specific examples of police misconduct:

• False arrest: This occurs when a police officer arrests you without probable cause. Probable cause is the legal standard that justifies an arrest. It means that the police officer has a reasonable belief that you have committed a crime.
• Excessive force: This occurs when a police officer uses more force than is necessary to make an arrest or subdue a suspect.
• Unlawful search and seizure: This occurs when a police officer searches you or your property without a warrant, or when the warrant is invalid.
• Malicious prosecution: This occurs when a police officer knowingly files false charges against you.

What to Do If You Believe You Have Been a Victim of Police Misconduct

If you believe you have been a victim of police misconduct, it is important to take the following steps:

• Gather evidence: If possible, try to document the incident. This may include taking pictures or videos of your injuries, getting witness statements, and keeping any paperwork you receive from the police.
• File a complaint: You can file a complaint with the police department’s internal affairs unit.
• Contact an attorney: An attorney can advise you of your legal rights and help you determine if you have a case against the police.

What Damages Can You Recover in a Lawsuit Against the Police?

If you win a lawsuit against the police, you may be able to recover compensation for a variety of damages, including:

• Medical expenses: This includes the cost of treating any injuries you sustained as a result of the police misconduct.
• Lost wages: If you were unable to work due to your injuries, you may be able to recover compensation for lost wages.
• Pain and suffering: This includes compensation for the physical and emotional pain you endured as a result of the police misconduct.
• Punitive damages: In some cases, you may also be awarded punitive damages to punish the police officer for their misconduct.

What are Some Important Factors in Determining the Worth of a Case Against the Police?

Several factors can affect the value of your case, including:

• The severity of your injuries
• Whether you were arrested and charged with a crime
• The strength of the evidence of police misconduct
• Whether you have any prior criminal record

What are the Steps Involved in a Lawsuit Against the Police?

A lawsuit against the police is a complex process. Here is a general overview of the steps involved:

• Consultation: You will meet with an attorney to discuss your case.
• Investigation: The attorney will investigate the incident and gather evidence.
• Filing a lawsuit: The attorney will file a lawsuit on your behalf.
• Discovery: Both sides will exchange information and evidence.
• Negotiation: The attorney will attempt to negotiate a settlement with the police department.
• Trial: If a settlement cannot be reached, the case will go to trial.

Suing the police can be a daunting task, but it is important to remember that you have rights. If you believe you have been a victim of police misconduct, an attorney can help you protect your rights and get the compensation you deserve.

Contact Us

Please call us at (212) 240-3880 for a free consultation and we will be happy to discuss any potential case with you.