Collecting Damages for Police Brutality and Misconduct in New York

Collecting Damages for Police Brutality and Misconduct in New York

Police brutality and misconduct is an ongoing issue in New York and across the country. If you have been the victim of excessive force, false arrest, or other civil rights violations by police, you may be able to sue for damages. This article will provide an overview of your legal options and the process for collecting compensation in New York.

Types of Claims

There are several types of civil claims that can be brought against police officers and departments for misconduct in New York:

• Excessive force – This covers situations where the police used more force than necessary under the circumstances. For example, if an officer severely beats someone who posed no threat.
• False arrest – When police detain or arrest you without proper legal justification. For instance, if you were arrested but not read your Miranda rights.
• Malicious prosecution – When officers wrongly charge someone with a crime knowing there was no probable cause.
• Failure to intervene – If an officer witnesses misconduct by another officer but does not attempt to stop it.

Other possible claims include First Amendment violations, unlawful searches/seizures, abuse of process, and more. The type of claim depends on the specific facts of your case.

Statute of Limitations

There are strict deadlines, called statutes of limitations, to file a claim against the police in New York. In most cases you have just 1 year from the date of injury to sue. For false arrest/imprisonment claims, the deadline is 1 year and 90 days from release. And for Section 1983 civil rights lawsuits, you have 3 years to file suit in federal court.

These deadlines can be complex, so consult a police brutality attorney right away to avoid missing your chance to take legal action. Time is of the essence.

Evidence Gathering

To prove your case, you will need strong supporting evidence. Your attorney can help obtain police reports, internal affairs documents, video footage, medical records, and witness statements through the discovery process. Evidence like:

• Police dash cam or body cam videos
• Audio recordings of the incident
• Photos of injuries sustained
• Hospital/EMS records
• Police reports & internal affairs files
• Eyewitness accounts

Physical evidence from the scene may also be useful. The more documentation of excessive force, false statements, lack of probable cause, etc. you can gather, the stronger your case will be.

Settlements vs. Lawsuits

Many police misconduct claims settle out of court. This avoids a lengthy trial and guarantees compensation upfront. Settlements often include a non-disclosure agreement prohibiting you from discussing details publicly.

If early settlement talks fail, your attorney can file a lawsuit against the officers/department involved. Key factors in deciding between settlement or trial include:

• Strength of evidence supporting your claim
• Willingness of the defense to settle
• How much time has passed since the incident
• If a jury trial could result in higher damages

An experienced attorney can advise if settlement or trial is the best option.

Damages

If your claim succeeds, either through settlement or winning at trial, the types of damages available include:

• Compensatory – Covers medical bills, lost wages, pain/suffering, etc. resulting from the misconduct.
• Punitive – Additional amounts awarded to punish/deter egregious police behavior.
• Attorney’s fees – Police brutality lawyers work on contingency, taking a percentage of damages won.

In New York, there are no caps on compensatory or punitive damages in state civil rights cases. Federal caps may apply to Section 1983 claims. Past results have ranged from thousands to millions depending on circumstances.

Claims Against the NYPD

The New York Police Department (NYPD) has been plagued by high-profile misconduct scandals in recent years. Victims can potentially sue both the individual officers involved and the NYPD itself.

To hold the NYPD liable, you must show a pattern of abuse demonstrating their policies, training, or lack of discipline contributed to the misconduct. Recent reports on nearly 2,000 cases substantiated by the Civilian Complaint Review Board can help establish such a pattern.

Successfully suing the NYPD directly also requires overcoming “governmental immunity” defenses. An attorney familiar with these types of cases can advise you on viable strategies.

Finding an Attorney

Police misconduct claims involve complex laws and procedures. An experienced civil rights lawyer is essential to navigate the process and maximize your recovery. Key tips for finding the right attorney include:

• Look for someone who specializes in police brutality/misconduct cases
• Find a lawyer familiar with NY laws, procedures, and key players
• Ask about the lawyer’s track record taking similar cases to trial
• Understand fee structures – most work on contingency
• Be comfortable with who you choose – you may be working together for years

Shop around and do not rush your decision. The right lawyer can make all the difference in these difficult cases.

Prompt Action Is Critical

If you have suffered police brutality, false arrest, or civil rights violations in New York, it is essential to act quickly. Speak with an attorney right away before deadlines pass. Police misconduct lawyers offer free consultations to evaluate your case.

With strong evidence and an experienced attorney on your side, you can hold the responsible parties fully accountable and recover the maximum compensation under the law.