When the police and prison guards overstep their bounds of authority, what recourse is there for the victims? Can the police just get away with violating a person’s civil rights?
Police officers and prison guards are employed to protect us from harm, not mete out physical punishment. The law protects all citizens, including people accused or convicted of crimes, from violence at the hands of the police. The personal injury attorneys of The Stein Law Group, PLLC provide strong representation to victims of police brutality throughout New York.
If you are a victim of police brutality or prison guard abuse, it’s important to contact a lawyer immediately.
A police misconduct complaint involving the use of excessive force is unforgivable. The fact that the same people we trust to guarantee the safety and security of the public, can also abuse that trust by causing physical harm to the members of that public, is appalling. By law, a police officer may use only as much physical force as is needed to control a situation. If a person involved in a routine traffic stop or arrest is respectful and cooperating with the officer, no physical force should be required.
You do have rights! Contact The Stein Law Group, PLLC to talk to a police brutality attorney. Our qualified and experienced lawyers will offer a confidential and honest assessment of your case. Our law firm has the experience to take on any police brutality case. We can handle cases involving police beatings, police shootings, false arrest, taser and stun gun use. and more.
We Know How to Win Police Brutality Cases
We take pride in the fact that we are the law firm that other lawyers turn to when they need help. Frequently, attorneys turn to us when they reach a point at which a case gets too complicated, too messy. They trust us enough to put their clients’ futures in our hands. They know that we will work hard to get results.We prepare for trial in every situation, because we want to make it clear to the opposition how serious we are. If they are not willing to offer a fair settlement, we will take the next steps. We will work hard to get you the results you deserve.
Frequently Asked Questions About Police Brutality and Wrongful Arrest
What is wrongful arrest, and how is it different from a lawful arrest I disagree with?
A wrongful arrest — also called false arrest — occurs when a law enforcement officer detains or takes a person into custody without legally sufficient probable cause. Probable cause requires a reasonable belief, based on specific facts, that a person has committed or is about to commit a crime. Simply being in the wrong place, fitting a vague description, or an officer’s hunch is generally not sufficient. By contrast, an arrest you disagree with may still be lawful if the officer had an objectively reasonable basis for it. The distinction matters significantly in a civil rights claim.
What civil rights are most commonly violated in police brutality and wrongful arrest cases?
The Fourth Amendment protects against unreasonable searches and seizures, including arrests without probable cause and the use of excessive force. The Fourteenth Amendment guarantees due process and equal protection, which can be violated by racially discriminatory enforcement practices. The First Amendment may be implicated when an arrest is made in retaliation for protected speech or lawful protest activity. Understanding which constitutional provisions apply to your situation helps determine the appropriate legal claims.
Can I be compensated for emotional distress caused by a wrongful arrest even if I wasn’t physically injured?
Yes. Emotional distress is a recognized category of damages in civil rights and personal injury cases, including wrongful arrest claims. Courts have recognized that the trauma, humiliation, and psychological harm resulting from a false arrest can be significant and compensable even in the absence of physical injury. Documentation of emotional distress through therapy records, medical evaluations, and testimony about the impact on your daily life and mental health can support these damages.
What should I do — and not do — during a police encounter to protect my rights?
You have the right to remain silent, and you are not required to answer questions beyond providing your name and identification in certain circumstances. You have the right to refuse a search of your person or property if an officer does not have a warrant or a legally recognized exception. Do not physically resist an officer, even if you believe the arrest is unlawful — your legal remedy is in the courts, not at the scene. Clearly and calmly state that you do not consent to a search and that you are invoking your right to remain silent. Document everything you can recall as soon as you are able.
How does a civil police brutality claim work alongside a criminal case?
A civil rights claim and a criminal matter arising from the same police encounter proceed on separate tracks. In the criminal matter, you are a defendant. In the civil matter, you are a plaintiff seeking compensation for violations of your constitutional rights. The outcome of the criminal case does not automatically determine the outcome of the civil case — you can pursue a civil claim even if you were convicted of a charge arising from the same incident, though the facts of the conviction may affect the civil case. The standards of proof are also different: beyond a reasonable doubt in criminal court versus a preponderance of the evidence in civil court.
Are there special rules for suing a New York City police officer for brutality or wrongful arrest?
Yes. Before you can file a lawsuit against a New York City police officer or the City of New York for civil rights violations, you must file a Notice of Claim with the Comptroller’s Office within 90 days of the incident. The City then has 30 days to schedule an examination before trial (50-h hearing) at which you must appear and answer questions under oath. These procedural requirements are strict, and failure to comply can bar your entire case. An attorney familiar with municipal civil rights litigation can help you navigate these requirements.
What is the statute of limitations for a police brutality or wrongful arrest claim in New York?
For federal civil rights claims brought under Section 1983, New York applies a three-year statute of limitations from the date of the incident. State law claims, such as assault, battery, and false imprisonment, must also be filed within the applicable time period, and if the claim involves New York City, you must have filed a timely Notice of Claim as a prerequisite. Because these deadlines interact with each other and with the 90-day Notice of Claim requirement, consulting with an attorney promptly after an incident is essential.
Contact Our Police Brutality Attorneys Today
Our law office is ready to take on the serious challenge of any police brutality case. Contact us today to discuss your situation and find out how we can help.
Contact one of our offices in New York City to schedule a free initial consultation with The Stein Law Group, PLLC. Call us toll free at 800-516-2812 to make an appointment.