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When a New York man was struck by a motorist fleeing police pursuant to a high-speed chase, he never expected that the car accident would be just the beginning of his horrific tragedy. Instead of officers coming to his aid once his vehicle caught fire, they dragged him from his car and brutally beat him while his body was engulfed in flames.
It was a case of mistaken identity, according to a July 3, 2018, report from a local USA Today affiliate: police believed the victim was the perpetrator they were pursuing in the chase. However, this allegation is no solace to the man who suffered burns to more than 30% of his body, as well as injuries to his head and body from numerous kicks and punches.
Four officers were indicted for official misconduct and are facing various criminal charges, but the victim also filed a separate lawsuit in civil court. He seeks $25 million in damages on claims of police brutality, excessive force, and false arrest. If you or a loved one suffered due to any type of police misconduct, it is important to discuss filing a police brutality lawsuit with an experienced New York police brutality attorney right away.
Overview of Excessive Force and Police Brutality
Police have a responsibility to uphold the law and protect the public from harm. Unfortunately, law enforcement officers may go too far or exceed their authority, leading to injuries, death, and other types of harm. New York law allows victims to hold officials liable when they abuse their powers through certain types of police misconduct, including:
- Brutality
- Use of excessive force
- Unlawful arrest or imprisonment
- Illegal search and seizure; and,
- Other abusive acts.
Use of Force Continuum
Law enforcement officers must comply with agency guidelines for use of force, and the continuum starts with the most non-threatening forms of interaction. The guidelines operate from the assumption that officer presence and non-physical or verbal confrontations is the ideal approach to resolving a situation.
If lower-level tactics are insufficient, the next steps on the use of force continuum include empty-hand force, such as holds and grabs. From there, it may be appropriate to use less-lethal strategies, incorporating a weapon like a taser or baton.
It is only when a person presents a lethal threat to the officer or another person that police can use lethal force. Departure from this use of force continuum may constitute excessive force or police brutality.
Officer Immunity
Even when there is sufficient evidence to demonstrate excessive force and non-compliance with the use of force continuum, an officer may claim immunity from being sued. Immunity is a defense that acts to shield law enforcement from liability for damages. However, qualified immunity only applies when police are acting in the line of duty and within the bounds of what is reasonable under the circumstances.
In the case of the New York man who suffered at the hands of officers, immunity may not be a successful defense under the circumstances.
Tips for Filing a Police Brutality Lawsuit in New York
If you’re considering starting a police brutality lawsuit in New York, acting quickly can protect your rights.
- First, get medical care immediately and keep all your discharge papers.
- Next, photograph your injuries and any damaged property.
- Save any and all video evidence from your phone, and request copies as soon as possible from bystanders or the providers of nearby surveillance.
- Write down everything you remember, including names, badge numbers, vehicle numbers, locations, and witnesses.
- File an oversight complaint with the Civilian Complaint Review Board (CCRB) and the New York Attorney General’s office.
- Speak with a lawyer before giving statements to insurers or signing forms.
Strict deadlines, including notice requirements for claims against public entities, may apply to your case, so do not wait to get legal advice with regard to your next steps.
How Our New York Police Brutality Lawyers Can Help You
Monarch Law Group investigates quickly, preserves key evidence, and builds a strong civil rights claim for you. Depending on the type of claim you have, we can either a federal Section 1983 civil rights claim for excessive force, or we can bring a state case for a local claim. We pursue compensation for medical bills, lost income, pain and suffering, and, when available, punitive damages and attorneys’ fees.
Ready to talk? Contact us for a free consultation or to learn more about our New York police brutality practice.
Speak with a New York Police Misconduct Attorney About Your Police Brutality Lawsuit Today
For more information on excessive force, brutality, and other forms of police misconduct, please call the attorneys at Monarch Law Group. You can schedule a free consultation to find out more about our legal services.
