New York Police Brutality and Civil Rights 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 your legal rights and knowing what steps to take after an incident are both important. If you’ve suffered serious injuries at the hands of a New York police officer or other law enforcement personnel, it is important to contact an experienced New York police brutality lawyer right away. At Stephen Bilkis & Associates, we draw on the experience of attorneys who have collectively obtained more than $1 billion in verdicts and settlements for clients. That background helps us guide victims through the legal process and take the steps necessary to protect their rights and pursue compensation. Acting quickly ensures that evidence is preserved and deadlines for filing claims are met.

What Is Police Brutality?

Police brutality is the misuse of force by officers beyond what is reasonable or necessary under the circumstances. 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 can take many forms, including:

• Excessive force. One of the most common forms of police brutality involves the use of force that is greater than what the situation reasonably requires. Courts look at several factors when determining whether force was excessive, including the severity of the suspected crime, whether the person posed a threat, and whether they were resisting. Even when some force is justified, the type and amount used must still be proportional.

A good example is Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015), where the Second Circuit held that an officer’s use of pepper spray on a mostly compliant individual could support an excessive force claim. The court emphasized that whether the force was reasonable was a factual question for a jury, emphasizing how excessive-force claims often depend on the specific details of the encounter.

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 serious forms of police brutality. It represents a profound abuse of power and trust. This type of misconduct causes significant physical and emotional harm and undermines public confidence in law enforcement. Victims may be coerced or assaulted during routine stops, interrogations, or interactions where officers misuse their authority, making it difficult for them to resist or report what happened. A notable example is Doe v. City of New York, 18-cv-670 (E.D.N.Y. Jan. 9, 2020), which involved allegations that two NYPD officers detained an 18-year-old woman, sexually assaulted her in their police van, and then released her.

All forms of police brutality undermine 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. At our firm, we help clients understand their legal options and work to secure the justice and compensation they deserve.

What Legal Protections Do I Have if the Police Mistreat Me?

If the police have mistreated you, there are several federal and state legal protections. When a client comes to us with a case involving police brutality, the first thing we do is gather the facts and determine which protections apply to their situation. The federal and state legal protections that may apply include:

• 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 felony 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.

These laws work together to protect people from unlawful police conduct and provide several avenues for accountability. Because every situation is different, we evaluate claims by reviewing the evidence, assessing how the officer acted under the circumstances, and determining which federal and state protections support the case. This detailed review helps us understand the strength of the claim and the best path forward. Consulting an experienced New York police brutality lawyer can give you a clear understanding of your rights and the options available to you.

What Is Qualified Immunity?

Qualified immunity in New York serves as a defense for police officers facing civil rights lawsuits, including those involving allegations of police brutality or misconduct. It protects officers from liability if their conduct did not violate “clearly established” statutory or constitutional rights that a reasonable officer would have known. This doctrine aims to balance holding officials accountable with protecting them when they must act quickly in uncertain situations.

In Ackerson v. City of White Plains, 702 F.3d 15 (2d Cir. 2012), the court concluded that the officers acted reasonably because they relied on the information provided by a complaining witness and responded in a way a reasonable officer might under the circumstances. As a result, they were entitled to qualified immunity.

The Ackerson decision shows how difficult it can be for plaintiffs to prove that an officer’s conduct was clearly unlawful. Because so many cases turn on this issue, qualified immunity often becomes the central battleground in police brutality litigation, making it important to work with an experienced police brutality attorney serving New York who understands how to challenge this defense effectively. With qualified immunity playing such a significant role, we carefully evaluate each case by requesting body-camera and dashboard-camera footage, police reports, witness statements, medical records, and other documentation so we can determine whether an officer’s conduct was objectively unreasonable under existing legal precedent.

What Compensation Can I Get for Police Brutality?

In a police brutality case, the compensation a victim may be able to recover falls into several categories depending on the specific facts of the case. Victims may be able to recover economic compensation such as medical bills and lost income, as well as non-economic compensation for pain and suffering. In some situations, courts may also award punitive damages to hold officers accountable and discourage similar conduct in the future. Our goal is to make sure we demand compensation for every loss that our clients suffered due to the unlawful actions of the police.

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.

Proving damages in a police brutality case can be challenging. It often requires expert testimony, medical evidence, and other documentation to show the full extent of harm. Our experienced police brutality lawyers in New York make sure that we gather all necessary records to prove damages, including medical records, pay stubs to establish lost income, and therapy or counseling records. We want to make sure that your claim is as strong as possible and supported by clear evidence of your losses.

What Is the Statute of Limitations for Policy Brutality Claims?

In New York, the statute of limitations for filing a police brutality claim depends on the nature of the claim.

• Notice of 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). N.Y. Gen. Mun. Law § 50-e.
• State Deadline. After filing the notice, you have one year and 90 days from the date of the incident to file a lawsuit. N.Y. Gen. Mun. Law § 50-i.
• Federal Deadline. For federal claims brought under 42 U.S.C. § 1983, the statute of limitations is three years from the date of the violation.

We know that missing this deadline can cause a client to lose the right to pursue a claim, so we always confirm that the limitations period has not expired and work quickly to ensure no deadlines are overlooked. Because determining the correct limitations period is critical, it is important to contact an experienced New York police brutality lawyer who can make sure your case is filed on time.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

Police brutality cases require a detailed understanding of state and federal laws and the ability to navigate complex legal procedures. Without proper representation, it can be difficult to prove that your rights were violated and that compensation is warranted. Consulting an experienced police brutality lawyer serving New York at Stephen Bilkis & Associates can affect the outcome of your case in important ways. The firm is led by managing partner Stephen Bilkis, who is rated Excellent by Avvo, recognized as a Top-Rated Lawyer by Justia.com, and listed among the leading lawyers in New York State by Expertise.com and TopLawyer.com.

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.