Police brutality or misconduct is unfortunately common in New York, where police officers use their powers to violate a person’s rights or commit serious offenses, such as the use of unnecessary or excessive force, abuse of authority, offensive language, and untruthful statements. In 2023, citizens in New York City alone filed 5,604 police misconduct complaints with the Civilian Complaint Review Board (CCRB), which was a 51% increase from the 3,700 complaints the CCRB handled in 2022.
Indeed, there are legal ways to fight back against abusive police officers; for instance, victims can file a civil lawsuit seeking monetary compensation for the injuries they suffered at the hands of the officers.
What is Excessive Force?
Excessive force refers to a situation where law enforcement officials apply more physical power than necessary to control or detain an individual. Excessive force by a police officer in New York is a violation of a person’s constitutional civil rights. The use of excessive force is about the abuse of power by a law enforcement officer, as well as a citizen's right to be free from that abuse.
Excessive force can happen in several ways, depending on the circumstances. For instance, it could be considered excessive force if a suspect remains calm and cooperative, but the officer acts aggressively and attacks the suspect unprovoked. Another example is when a police officer confronts a cooperative suspect and uses a taser despite the latter posing no threat or resistance.
In Graham v. Connor, 490 U.S. 386 (1989), Plaintiff Dethorne Graham sought to recover damages for his injuries when law enforcement officers used physical force against him during an investigatory stop. The Supreme Court ruled that the reasonableness of a police officer's handling of the search or seizure, not the officer's specific intent, should determine if law enforcement officers used excessive force. Additionally, the Court clarified that good intentions do not protect police officers from liability if their use of force was objectively unreasonable.
Is Serious Injury Required to File a Lawsuit for Excessive Force?
Simply put, not every push or shove amounts to a Fourth Amendment violation. Indeed, a minimal use of force will rarely suffice to state a Constitutional claim. That being said, an individual does not need to sustain a severe permanent injury to maintain a claim.
Remember that a police excessive force case is not necessarily about the extent of injuries the force caused. It is possible to prove the use of excessive force in several situations even when there are minimal or no injuries.
In Bellows v. Dainack, 555 F.2d 1105, New York State Troopers twisted the Plaintiff’s arm, pushed him into the back seat of the police car, then allegedly pulled the plaintiff by the scruff of the neck and struck him in the ribs. The Second Circuit Court of Appeals held that these actions were sufficient to constitute excessive force by the officers.
What Should You Do If You Experience Police Brutality or the Use of Excessive Force?
If you experienced police brutality or the use of excessive force, there are things you can do to seek justice and hold the responsible parties accountable. You can take action and bring the police officer who violated your rights to court. And to strengthen your case, it is crucial to see a doctor, document all your injuries, and seek appropriate medical treatment.
Likewise, identify the name, badge number, and police department of the officer who assaulted you. It will also be helpful to your case if you know the names and contact information of the people who witnessed the incident. Gather as much evidence as possible, including taking photos of your injuries and securing videos captured by nearby homes or businesses. These will help support your excessive force claim.
Furthermore, contact a New York excessive force attorney at Horn Wright, LLP at (855) 465-4622 as soon as possible. We represent victims of police brutality in New York, New Jersey, New Hampshire, Maine, and Vermont. We understand the profound impact excessive force by a police officer can have on your life—from physical injuries to emotional distress—and we are committed to ensuring that your rights are protected throughout the legal process.
Get Help With Your NY Excessive Force Claim
Do not hesitate to contact our civil rights lawyers if a police officer's use of excessive force has injured you. You are not alone in this fight; we will be by your side every step of the way.