Excessive Force Attorneys in Buffalo, NY 

What Does Excessive Force Look Like in Buffalo? Here’s the Truth 

Police excessive use of force happens when officers take things way too far. It’s not just about physical harm—it can include harsh words, improper restraints, or using weapons when they don’t need to. 

Buffalo police are supposed to stick to the rulebook and only use the amount of force necessary for a situation. But what happens when they don’t? Whether force is “reasonable” or “excessive” depends on the situation. Were you resisting? Did the officer face a real threat? Or did they just jump the gun?  

If you’ve been through something like this, you need to speak with an experienced Buffalo excessive force lawyer to pursue justice. 

Reasonable or Excessive Force? Let’s Break It Down 

Where do we draw the line between reasonable and excessive force? It can be complicated, but courts usually look at whether the officer’s actions match the situation. 

Take this example: if an officer faces someone armed and dangerous, using a firearm might be reasonable. But if that same officer uses a taser on someone unarmed and cooperative, that’s a different story. It’s about context. Police departments follow model policies on the use of force in carrying out their jobs. 

When figuring out if force was justified, here’s what usually comes into play: 

• How serious was the crime? 
• Did the person actually pose a threat? 
• Were they resisting arrest or cooperating? 

The truth is cops don’t always get it right. And when they don’t, it’s not just an error—it can change lives. If excessive use of force played a role in your situation, the Buffalo attorneys at Horn Wright, LLP, understand and are ready to help you secure justice. 

Buffalo’s Excessive Force Problem: The Ugly Truth 

Buffalo has seen its fair share of issues with excessive force. High-profile incidents have sparked outrage, especially during protests and arrests. 

From stories of people pepper-sprayed for no reason to brutal takedowns that leave lasting injuries, Buffalo’s history isn’t spotless. And most complaints are investigated internally, but many residents feel those reviews don’t really get to the bottom of things. 

There’s also the Buffalo Police Advisory Board, which was created to help with oversight. But progress is slow, and trust takes time to rebuild. For victims, knowing Buffalo’s track record helps you see what you’re up against. 

Filing an Excessive Force Lawsuit: What You Need to Know 

Thinking about filing a lawsuit? It’s a big step, but it’s also an important one. You deserve justice, and holding officers accountable can help you move forward. 

Here’s the process in plain terms: 

1. Start with the evidence. Photos of injuries, medical records, and even texts about the incident can go a long way. 
2. File a formal complaint. This gives you an official record of what happened and puts the misconduct on file. You need to understand the difference between filing a complaint and filing a required Notice of Claim to formally preserve your rights. 
3. Talk to a lawyer. Police misconduct cases aren’t easy to win, but the right attorney knows how to build a strong case. 

Be ready for pushback. The officer might say they acted appropriately, and the city might try to settle quickly. You need someone in your corner to fight for what you truly deserve. Working with a Buffalo civil rights lawyer can make all the difference in getting the justice you deserve. 

How Buffalo Courts Deal with Excessive Force Cases 

If you’re taking your case to court, here’s what you can expect. Buffalo courts weigh these cases using both state and federal laws. 

Federal claims often involve Section 1983 of the Civil Rights Act. This protects you from constitutional violations, like being treated unfairly by the police. On the state side, it could involve claims for assault, battery, or emotional distress under New York Penal Law Article 35, which governs the use of force by law enforcement officers. 

Now, here’s the hard part: qualified immunity. This legal protection makes it tough to hold officers accountable unless you can prove their misconduct was blatant. It’s frustrating, but a strong case with the right evidence can cut through these barriers. 

Witnesses Could Be the Game-Changer in Your Case 

You know what makes a strong case even stronger? Witnesses. They can back up your story, and sometimes, their testimony makes all the difference. 

In Buffalo, witnesses might be bystanders who saw the incident, other officers at the scene, or even medical staff who treated your injuries. And don’t forget about video footage—bodycams, security cameras, and even someone’s phone video can be incredibly powerful. The police in Buffalo have specific policies regarding bodycams. 

But witnesses don’t always come forward on their own. Memories fade, and people might hesitate to get involved. That’s why acting fast and collecting their accounts early is so important. Getting legal help for victims of police misconduct can ensure witnesses are properly contacted and their stories preserved. 

Protests and Police: When Force Crosses the Line 

Buffalo’s protests have brought important issues to the surface, but they’ve also highlighted problems with police responses. Peaceful protesters have rights, but too often, those rights are trampled. 

Excessive force during protests violates your First Amendment rights. If this happens to you, know that you have options. Holding officers accountable isn’t just about justice—it’s about protecting everyone’s right to speak up. 

Wrongful Arrests and Excessive Force: A Double Hit 

Being wrongfully arrested is bad enough, but when excessive force is added to the mix, it’s a nightmare. You’re not just dealing with the humiliation of being arrested without cause—you’re also facing injuries and trauma from how it happened. 

In Buffalo, wrongful arrests often happen because of profiling, bad judgment, or officers overstepping their authority. When this gets paired with unnecessary force, it’s a clear violation of your rights. 

If this happened to you, proving both the wrongful arrest and the excessive force is incredibly important. Speaking with a skilled civil rights attorney at Horn Wright, LLP, will give your case the best chances possible to succeed. 

When Excessive Force Takes a Life: Fighting for Justice 

Losing someone to police violence is a pain no family should have to endure. But when police excessive use of force leads to a death, the fight for justice becomes even more urgent. 

In Buffalo, wrongful death cases involving police are rare but devastating. Families often feel overwhelmed, facing investigations from multiple agencies and endless legal hurdles. But these cases matter—they’re about holding officers accountable and preventing future tragedies. 

Compensation for wrongful death claims can cover funeral expenses, lost income, and emotional suffering. But beyond the money, these lawsuits demand change. They ensure your loved one’s story isn’t forgotten. Partnering with police misconduct legal representation can help grieving families seek accountability and systemic reform.  

When you’re ready to take action, hire one of the best law firms in America. Our experienced team knows how to build a winning case while supporting you every step of the way.  

Contact Horn Wright, LLP, today