POLICE EXCESSIVE FORCE & FALSE ARREST
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.
Please call us for a free consultation and we will be happy to discuss any potential case with you.