New York Police Brutality Lawyer
For years, incidents of police brutality have raised concerns and sparked conversations about the use of force by law enforcement officers in New York. The problem of police misconduct is not only about undermining the public's trust in law enforcement. Victims of police brutality often suffer severe injuries, both physical and emotional. The use of excessive force can lead to lasting trauma, leaving individuals with debilitating injuries that require extensive medical attention. Tragically, some victims do not survive these encounters, further emphasizing the gravity of the issue. In the face of such challenges, it is crucial for victims to seek legal assistance. If you or someone you know has been a victim of police brutality in New York, contacting an experienced New York police brutality lawyer is essential. At Stephen Bilkis & Associates, our team is dedicated to helping victims navigate the legal complexities surrounding police misconduct. We understand the importance of holding accountable those responsible for these injustices and are committed to seeking justice for our clients.Common Types of Police Brutality in New York
Police brutality is a serious issue that demands attention. It takes several different forms. Some of the more common types include:
- Physical Violence: Physical violence has been an all too common problem in the New York for years. This type of police brutality involves the use of force exceeding what is necessary. Examples of physical violence include baton beatings, beating with hands, kicking, using chokeholds, and unwarranted use of firearms or tasers. While using some force is often necessary in the course of apprehending and subduing a suspect, there are guidelines and limits to the amount of force that can be legally used. Excessive force often leads to unnecessary injuries to the victim. In some cases it has resulted in death.
- Verbal Abuse: Verbal abuse is a form of misconduct where officers use offensive language or engage in disrespectful behavior. This violates standards of professionalism, contributing to strained relationships between law enforcement and the community.
- Sexual assault. Police officers have sexual contact with a suspect, with a witness, or with anyone is one of the most grievous types of abuse of power.
- Denial of Medical Care. Denial of medical care in police custody is a type of police brutality when individuals don't get needed medical attention. This denial violates their basic rights and can lead to serious harm. Sometimes, law enforcement intentionally neglects or denies access to timely and proper care, causing prolonged suffering. In addition to violating New York state law and department policies, actions like these may breach constitutional protections against cruel and unusual punishment, as outlined in the Eighth and Fourteenth Amendments of the U.S. Constitution.
There are many other types of actions by police that would amount of police brutality or police misconduct such as unwarranted arrest, illegal stops, and racial profiling. When this happens, victims have the right to hold them accountable and should contact an experienced New York police brutality lawyer.Liability
Determining liability in cases of police brutality involves assessing the actions of both individual officers and the law enforcement agencies they represent.
- Officers. Officers can be held personally responsible for their misconduct. If they engage in actions that violate established protocols or use excessive force, they may face legal consequences. Personal liability emphasizes individual accountability for their actions during encounters with the public.
- Department. The police department or municipality could also be held accountable for inadequate training, supervision, or policies that contribute to the problem.
Police brutality causing serious injuries or death allows victims to seek compensation through personal injury lawsuits. The law provides avenues for this. To navigate the legal process, consult with an experienced police brutality attorney in New York who can guide you through your case effectively.
- Medical Expenses. One category of recoverable damages includes medical expenses. Victims of police brutality may incur costs related to medical treatments, surgeries, medications, and rehabilitation. Seeking compensation for these expenses aims to alleviate the financial burden placed on victims due to injuries sustained during incidents of misconduct.
- Lost Wages. Another aspect of recoverable damages pertains to lost wages. Individuals who are victims of police brutality may face disruptions to their employment, leading to financial losses. Recoverable damages may include compensation for the income that victims could not earn due to injuries or other consequences arising from the misconduct.
- Pain and Suffering. Victims of police brutality may be eligible to recover damages for pain and suffering endured during and after the incident. This category accounts for the physical and emotional distress caused by the misconduct, acknowledging the impact on the overall well-being of the victim.
- Emotional Distress. Recoverable damages also extend to emotional distress. The psychological toll resulting from police brutality can be severe, affecting victims long after the incident. Seeking compensation for emotional distress recognizes the lasting impact on mental health and aims to provide a measure of relief.
Navigating the legal landscape for recoverable damages involves establishing a clear link between the misconduct and the losses incurred by the victim. Seeking compensation is a way for victims to obtain redress and hold those responsible accountable for their actions. Note that in cases of police brutality, especially in cases of sexual assault and other types of physical violence, the offending police officer may also face criminal charges. The criminal case is distinct from the victim’s personal injury case.Notable Cases
Several high-profile cases in New York have brought the issue of police brutality to the forefront.
- Eric Garner: Eric Garner, a Black man, died in Staten Island after a police officer used a prohibited chokehold during an arrest. Garner’s family sued the police officer who used the chokehold as well as other police officers involved, the NYPD, and the City of New York. A multimillion settlement was reached. See In re Carr, 2021 N.Y. Slip Op. 4412 (N.Y. Sup. Ct. 2021)
- Anna Doe. NYPD Officers Eddie Martins and Richard Hall were accused of official misconduct and rape. They faced charges related to receiving a bribe and the sexual assault of an 18-year-old woman in 2017 while on duty. The officers detained the woman, assaulted her in their police van, and later released her. See Doe v. City of N.Y., 18-cv-670 (ARR) (JO) (E.D.N.Y. Jan. 9, 2020)
Victims of police brutality need proper legal representation. If you or someone you know has been a victim of police misconduct in New York, it’s critical to contact an experienced police brutality attorney serving New York. At Stephen Bilkis & Associates, our dedicated team understands the complexities of police brutality cases and is committed to seeking justice for our clients. Navigating the legal system can be overwhelming, but with the right representation, victims can pursue the compensation they deserve. If you have been a victim of police brutality, don't hesitate to reach out to Stephen Bilkis & Associates. Our team is here to help you explore your legal options, holding those responsible accountable and working towards justice. Contact an experienced personal injury attorney serving New York at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, Bronx, and Westchester County.