There has been recurring controversies on police brutality and misconduct in New York and other parts of the country. You should take advantage of your civil right, if you are treated wrongly such as by using excessive force, false arrest or just any unjust treatment by police. This guide will outline your rights and the procedure of obtaining damage recovery in New York…
Types of Claims
There are several types of civil claims that can be brought against police officers and departments for misconduct in New York:
• Disproportionate force – This involves situations where police employ excess force beyond the pertaining circumstances. For instance, the police officer may brutally beat someone who showed no threat; it can be a serious violation of human rights and a symbol of inequality.
• “False arrest” – when police slap you with the cuffs or place you in a jail cell without sufficient evidence. Take an example when you were arrested by the police but the officer failed to caution you about your constitutional rights such as the right to remain silent.
• Inventions – such as when respondents become a target of an erroneous indictment, in which the offense has no reasonable basis.
It also exposes officers who look the other side as complicit and uncooperative in ensuring justice is done – lack of intervention from an officer seeing their colleague committing a crime. Some other grounds of this case could be First Amendment violation, search and seizures violations or abuse of official power (as well). The kind of claim will be aligned with the fundamentals of your legal case.
Statute of Limitations
For New York law, there are areas which the claims against the police officers must be filled. This is within a period of time which is referred to as statute of limitation. Rarely you are given more than 1 spin from the date of injury to file suit. For a non-justified arrest or imprisonment, the plaintiff has 1 year and 90 days since the release to file a claim. If these are the Section 1983 actions, then you have a fraud three years to sue in the federal court suits.
Such timetable can be complex and that is why you should contact our police brutality lawyers immediately to avoid missing your opportunity to take suitable legal action.
Evidence Gathering
To prove your argument, you should use compelling evidence as a second level. A lawyer will permit you to get the police reports, IA documents, videos captured, medical recordings and witness statements through the means of discovery. Evidence like:
• Police camera recordings of taser or body cases.
• The initial step of this investigation process includes the use of audio recordings in order to determine what happened and which actions were taken during the incident
• Being shown images of injuries
• Hospital/EMS records
• Government records and IA files
• Eyewitness accounts
A scene might be exhibited with the physical evidence as another useful element. The more the evidence can forward the excess of force, false statements, lack of proper reason and etc. the stronger the case you will be making.
Settlements vs. Lawsuits
An essential element of police misconduct cases is the considerable number of those charges that settle out of court. This will fast track a sentence and it will guarantee compensation without long and tedious paths of trial. The establishments commonly have a confidentiality clause that does not allow you to give away details about what happens behind the curtain. If the settlement of disputes at an early stage is not going to happen, your attorney will be able to file a lawsuit against the police officers/departments at fault.
Key factors in deciding between settlement or trial include:
• As strong evidence of your assertion can be used, the persuasive power of your argument will increase
• Accepting one to settle the case will be of interest to the defense
• Is it the same day or another; I can’t seem to distinguish the timeline anymore
• If there is a probability of a higher award of damages of their case, even if the chances of increasing are lower.
An experienced lawyer can tell you if seeking settlement or proceeding with trial will benefit you most.
Damages
If your claim succeeds, either through settlement or winning at trial, the types of damages available include:
• Compensatory – The term covers medical bills, lost wages, pain/suffering, and other types of damages resulting from the misbehavior reflected in the lawsuit.
• Punitive – Additional damages added against the police for vicious/rampant police behavior in order to serve as punishment and deterrence.
• Attorney’s fees– Lawyers suing police brutality serve on a contingent basis, claiming a percentage of the winnings.
In New York, there are no caps on compensatory and punitory damages in state civil rights cases that involve considering and imposing any kind of punishment. Do not rush your decision. The right lawyer can make all the difference in these difficult cases. Just make sure that you are approaching the Right Criminal Defense Lawyer to pursue your case smoothly.
