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Albany Excessive Force

Excessive Force Lawyers in Albany, NY 

Did the Police Cross the Line? Know Your Rights in Albany, NY 

Being mistreated by someone who’s supposed to protect you is devastating. When excessive force by police occurs, it’s not just wrong—it’s a betrayal. If you’re here because it happened to you or someone you love, you’re probably feeling hurt, angry, and unsure of what to do next. That’s completely understandable. 

The Albany civil rights lawyers at Horn Wright, LLP, are here to help and our team has years of experience holding officers accountable for crossing the line. As one of the best law firms in America, we’re committed to ensuring your voice is heard.

Excessive Force Is Real—Here’s What It Looks Like 

Excessive force can happen in ways you might not expect. It’s not just about obvious brutality; sometimes, it’s subtle but just as damaging. These are some of the scenarios we’ve seen time and again: 

  • Over-the-top use of weapons: When an officer grabs a taser, baton, or firearm in a situation that didn’t call for it. 
  • Unjustified physical violence: Using fists, kicks, or holds to control someone who isn’t resisting or is already restrained. 
  • Dangerous restraint tactics: Chokeholds, hogtying, or kneeling on someone’s neck—moves that have caused severe injuries and even death. 
  • K-9 attacks: Deploying a police dog when there’s no real threat or letting the dog stay on the attack too long. 
  • Chemical weapons: Pepper spray or tear gas used recklessly, often leaving lasting harm. 

These cases aren’t just incidents—they’re violations of your basic human rights. If you recognize your experience in one of these examples, know this: you didn’t deserve it, and you have options. 

Act Fast! Albany’s Strict Deadlines Could Affect Your Case 

Here’s the deal. New York doesn’t give you forever to file an Albany excessive force claim. The clock starts ticking the moment the incident happens. For most cases, you’ve got three years to take legal action under New York CPLR § 214. That might sound like plenty of time, but trust us, it’s not. 

If your case involves a public entity like the Albany Police Department, the deadlines are even tighter. You’ll need to file a Notice of Claim within 90 days, as required under New York General Municipal Law § 50-e. Skip that step, and you could lose your right to compensation entirely. 

Sound overwhelming? Don’t stress. We’ve got your back. Our Albany lawyers will handle all the deadlines and paperwork so you can focus on moving forward. 

What’s Next? Here’s What Happens After You File a Lawsuit 

Filing a lawsuit might feel like stepping into the unknown, but it’s actually a structured process. Here’s how it usually goes: 

  1. The investigation begins: We dig deep into the facts—gathering evidence, reviewing police records, and interviewing witnesses. This is where a claim, as opposed to a lawsuit, is initiated. They’re two different things during the process. 
  2. Sharing information: Both sides exchange details during what’s called the discovery phase. It’s where the case starts to take shape. 
  3. Negotiations: Most cases settle before reaching court. We’ll fight hard for a fair settlement, but if that doesn’t happen, we’re ready for trial. 
  4. Trial prep: If it goes to court in the civil litigation process, we’ll present your case powerfully and clearly, leaving no doubt about the harm you’ve endured. 

Building Your Case: The Evidence That Makes All the Difference 

You’ve probably heard the phrase, “It’s not what you know; it’s what you can prove.” That couldn’t be truer for excessive force claims. Here’s the kind of evidence that can make or break your case: 

  • Videos: Albany police and other law enforcement have policies on body cams that you can obtain. There’s also dashcams, security cameras, or even cell phone footage from bystanders. 
  • Photos of injuries: Those bruises and cuts tell a story. Pictures taken right after the incident are powerful. 
  • Witnesses: Statements from people who saw what happened can add weight to your case. 
  • Medical records: Every ER visit, surgery, or therapy session documents the physical toll of what you’ve endured. 
  • Police reports: Yes, they’re written by law enforcement, but they can still include details that work in your favor. 

Collecting evidence might not be the first thing on your mind after what you’ve been through—and that’s okay. We’ll handle it for you, making sure no stone is left unturned. 

Could the Officer Face Criminal Charges? 

You might be wondering if the officer who harmed you could face criminal charges. The answer? It depends. Civil lawsuits and criminal cases are two different things. While your lawsuit focuses on getting you compensation, criminal charges are about punishing the officer under the law. Studies have found over 1,000 police officers are arrested in the U.S. each year. 

Sometimes, a prosecutor will review the evidence and decide there’s enough to press charges. But even if that doesn’t happen, it doesn’t mean you don’t have a strong civil case. The two processes aren’t connected, and your right to justice isn’t tied to a criminal conviction. 

If you think the officer committed a crime, we can guide you on how to report it. Whatever happens on the criminal side, we’ll stay laser-focused on getting you the results you deserve in your civil case. 

You Deserve More Than an Apology—You Deserve Justice 

Being a victim of excessive force leaves more than just physical scars. It impacts your emotions, your sense of security, and sometimes even your livelihood. That’s why compensation matters. It’s not just about covering costs; it’s about holding someone accountable for the harm they caused. 

Here’s what you could recover: 

  • Medical expenses: From emergency medical treatment to ongoing therapy, these costs add up fast. 
  • Lost wages: If you couldn’t work while healing, you shouldn’t have to bear that burden alone. 
  • Pain and suffering: This goes beyond physical pain to include the emotional toll of what you’ve endured. 
  • Punitive damages: In some cases, the court awards these to punish truly outrageous misconduct. 

Excessive force by police can turn lives upside down, but seeking justice can help you reclaim your sense of dignity. Compensation won’t erase what happened, but it can help you start to rebuild. And that’s a step worth fighting for. 

We’re Here to Fight for You—Let’s Take the First Step 

You’ve been through enough. If you’re ready to take action, Horn Wright, LLP, is ready to help. We know the pain and uncertainty that follow excessive force by police, and we’re here to make sure your story is heard. Our team is likewise committed to fighting for justice on your behalf.  

Call us today and let’s work together to get the results you deserve. 

What Sets Us Apart From The Rest?

Horn Wright, LLP is here to help you get the results you need with a team you can trust.

  • Client-Focused Approach
    We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
  • Creative & Innovative Solutions

    No two cases are the same, and neither are their solutions. Our attorneys provide creative points of view to yield exemplary results.

  • Experienced Attorneys

    We have a team of trusted and respected attorneys to ensure your case is matched with the best attorney possible.

  • Driven By Justice

    The core of our legal practice is our commitment to obtaining justice for those who have been wronged and need a powerful voice.