Use of Excessive Force
The attorneys at the Jesse Minc Law Group advocate for victims of injuries due to the use of excessive force by police officers and other officials in New York City. The U.S. Constitution protects everyone in New York, regardless of their citizenship status, from the use of unwarranted force by the government and its agents. Our team of Bronx civil rights lawyers has the many years of experience necessary to effectively and successfully fight for the rights of people who have suffered from civil rights violations and obtain compensation in court when these violations occur and cause our clients harm. We have a retired NYPD detective on our staff, who investigates claims, locates witnesses, and gathers evidence in support of our clients’ cases, including with respect to claims against the police themselves. We also have a network of experts in police tactics and procedures available to us who can serve as expert witnesses in the cases we accept into our firm, which is often the key to success in any police abuse lawsuit. Each client of the Jesse Minc Law Group has direct access to the attorney working on their case. Our commitment to our clients is perhaps best demonstrated by our more than 95 percent success rate in achieving favorable outcomes in the cases that we accept into our firm.
Policing is a difficult, dangerous job, and our lawyers have nothing but the utmost respect for the police when they do their jobs the right way. When the police violate the public trust and commit acts of excessive force and violence upon citizens, our respect for the badge takes a back seat to our commitment to ensuring that the rights of citizens are protected. After all, the police are supposed to protect the rights of citizens, rather than violate them. We do not believe that anybody should have their civil rights violated, and that compensation is due whenever a violation of those rights occurs at the hands of abusive and overzealous police officers.
Police officers are allowed to use a reasonable and necessary amount of force against individuals who pose a direct threat, or who put up resistance to a lawful arrest. However, the use of excessive force by police—meaning force that is not reasonable and necessary—is a violation of people’s civil rights under the Constitutions of the United States and the State of New York. Police must be called to account for violations of their duty to protect the public if these rights are to have any meaning at all. The use of excessive force by police can cause injuries ranging from broken bones to spinal fractures, traumatic brain injuries, and even death. The use of excessive force also violates a citizen’s dignity, which is an affront to the Constitution and which is also a compensible harm in our view.Civil Rights Personal Injury Claims
Several amendments to the U.S. Constitution set limitations on police conduct, including prohibitions on the use of excessive force. The Fourth Amendment prohibits unreasonable searches and seizures, which include wrongful arrests that are not supported by a warrant or probable cause. The Due Process Clauses of the Fifth and Fourteenth Amendments state that no one may be deprived “of life, liberty, or property, without due process of law.” The Fourteenth Amendment, which was added shortly after the Civil War, applies most of the protections of the Bill of Rights to state and local governments, requiring that all citizens be treated equally before the law (the “Equal Protection” Clause of the Constitution) and with procedural due process if their rights are violated, and it is the main source of legal claims based on the use of excessive force.Excessive Force Claims in the Bronx and Beyond
“Excessive force” by police has received considerable attention in the media in recent years, with multiple high-profile incidents making the headlines. This media coverage has exposed a broad range of examples of flagrantly excessive force, such as shootings of unarmed individuals, use of pepper spray or Tasers for punitive reasons, beatings of handcuffed individuals, and chokeholds.
A 2015 internal investigation by the NYPD, meanwhile, found that the department had never defined “excessive force” in its own policies and procedures. This led to the issuance of “Force Guidelines” in June 2016, which established that “any application or use of force must be reasonable under the circumstances.” The guidelines identify factors to consider in determining whether a given incident was reasonable. They place an emphasis on de-escalation by officers, and they require officers, when possible, to intervene to prevent excessive force by fellow officers. If you are injured due to excessive force by a police officer, our attorneys will use the police’s own rules and regulations against them to prove that they have violated your rights and to show that you are entitled to compensation if you are a victim of excessive force at the hands of a police officer.Procedures for Filing an Excessive Force Claim
Since an excessive force situation involves a lawsuit against the government, a plaintiff must file a notice of claim prior to filing suit. Section 1983, a federal statute, allows individuals to file lawsuits against police officers and other officials for civil rights violations. In some situations, qualified immunity may still protect officers from personal liability for civil rights violations. Our attorneys have successfully brought cases in the State and Federal courts in New York alleging violations of this important Constitutional protection, and will fight for you in the same manner if your case is accepted into our firm.Discuss Your Situation with a Civil Rights Attorney in the Bronx
The Jesse Minc Law Group has compiled substantial expertise and training in civil rights and other injury claims in New York City. We have access to a vast array of resources and tools to assist with investigating your claims and preparing those claims to present to a court. We regularly consult with former NYPD officers on questions of police procedure and use-of-force guidelines. Our network of experts includes leaders in fields like public safety and medicine. All of these services are available at no up-front cost to you. You have no obligation to pay us for our assistance unless we win your case and recover damages. Additionally, your free, no-obligation consultation includes a preliminary investigation of your case, which often begins with obtaining copies of your medical records. To see how we can help you, contact us today through our website or at (718) 354-8000. We represent people throughout New York City, including in the Bronx, Brooklyn, Queens, Manhattan, and Nassau, Suffolk, and Westchester Counties. Se habla español.