When a police officer uses excessive force or otherwise abuses their legal authority during the course of performing their job, they violate their legal duty to uphold the citizen’s constitutional rights. If you suffered injury from such police misconduct, you are entitled to take civil action and recover any damages you incurred as a result.
A New York police misconduct injury lawyer at Friedman & Simon, L.L.P. will champion your right to receive compensation for the injuries you sustained during this unfortunate experience.
Call us today at (516) 932-0400 for a free legal consultation. Our multilingual staff (Tamil, Spanish, Kannada, Bengali, and Greek) are eager to talk to you about your case.
In This Article
- Types of Police Misconduct
- You Are Protected by the Civil Rights Act of 1871
- Other Forms of Protection Against Police Misconduct
- Recoverable Damages
- Limited Time to File Lawsuits Against the Government
- What a Police Misconduct Injury Lawyer in NY Will Do for You
- If You Have Suffered Injury From Police Misconduct, Call Us
- New York Police Misconduct Injury News
Types of Police Misconduct
For the most part, police officers are honorable citizens who take their duty to protect and serve the public very seriously. Sometimes, however, an officer lets the power of their position get to their head, and they end up hurting people rather than protecting them.
Police misconduct takes many forms. Some examples of this behavior include:
- Excessive use of force
- Racial profiling
- Verbal abuse
- Surveillance abuse
- Planting evidence
- Illegal search and seizure
- False arrests
- False imprisonment
- Unwarranted use of a taser
- Police shootings
- Abuse of legal power
- Reckless driving
- Wrongful death while in police custody
At Friedman & Simon, L.L.P., our police misconduct injury lawyers accept all types of police misconduct cases. We have tremendous respect for the law enforcement community, but as passionate advocates for the injured our first duty is to The Rule of Law. We believe most police officers also hold dedication to The Rule of Law as their most important duty as well. Our focus is on finding justice for those victimized by police officers who have disrespected, dishonored and violated The Rule of Law. We will make sure your voice is heard. Call us today for a free, no-obligation legal consultation at (516) 932-0400.
For a free legal consultation with a police misconduct injury lawyer serving New York, call 516-932-0400
You Are Protected by the Civil Rights Act of 1871
A federal statute, 42 U.S.C. § 1983, gives you the right to file a lawsuit against state or local governments when a police officer violates your constitutional rights. Specifically, “Section 1983” states that when a person acts to deprive a person of these rights, and they do so while they are serving “under color of” some state or local authority, they have misused their authority. As such, you can sue the government that employs them.
A police officer is considered to be acting “under color” of state or local law when they:
- Perform an arrest
- Operate police-issued equipment, like handcuffs
- Are on duty
- Are dressed in police uniform
- Identify themselves as a police officer
- Flash their badge
New York Police Misconduct Injury Lawyer Near Me 516-932-0400
Other Forms of Protection Against Police Misconduct
As a country founded on the principles of freedom and individual rights, the U.S. has been careful to embed various mechanisms throughout its judicial and executive branches that enforce these concepts in everyday life.
Many situations exist in which police officers do not take action without adhering to some basic rules, including the following:
- They must have reasonable suspicion that an individual has committed a crime before detaining them.
- Before the police arrest an individual, they must first have probable cause—knowledge of a fact that would lead a reasonable person to conclude that the individual had committed a crime.
- They do not search a person’s home without a court-issued search warrant.
- Police do not arrest an individual without reading them their “Miranda rights,” which lists various rights of the accused, including the right to an attorney and the right to remain silent.
Every case of police misconduct injury is different. However, many personal injury cases result in the plaintiff’s recovery of at least one of the following types of damages:
- Medical costs
- Prescription medicines
- Physical therapy/rehabilitation
- Lost income and benefits
- Diminished future potential earnings
- Replacement services
- Pain and suffering
- Mental anguish
- Diminished quality of life
If your loved one died as the result of injuries sustained from police misconduct, you have our condolences. Please know that you are entitled to pursue a wrongful death action against the police department, city, county, or state to help you manage the expenses and losses that are coming your way. A Friedman & Simon, L.L.P. wrongful death attorney will handle this action for you, with a commitment to do so with compassion and integrity.
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Limited Time to File Lawsuits Against the Government
Typically, claims against any governmental body must be filed within a short and rigid timeframe. The police misconduct injury lawyers in NY at Friedman & Simon, L.L.P. will work diligently and tirelessly to ensure that we meet this deadline, that paperwork is properly filed, and that your case is constructed with every attention to detail.
What a Police Misconduct Injury Lawyer in NY Will Do for You
When you hire Friedman & Simon, L.L.P. to represent you in your police misconduct injury case, we commit to the following high standards of practice:
- We will keep you updated on your case.
- We will identify all liable parties related to your injury.
- We will communicate with all parties on your behalf.
- We will gather evidence to support your case.
- We will determine a value for your case.
In our efforts to present the damages you have suffered in the most accurate light, we will consult, subject to the unique circumstances of your case, with experts in the fields of economics, medicine, vocational therapy, and lifecare planning. These experts will offer their professional opinions on the extent of damages you will suffer in the future due to things like ongoing and future medical treatment, as well as diminished future potential earnings.
If You Have Suffered Injury From Police Misconduct, Call Us
Police misconduct cases tend to be extremely complex. The very act of challenging a governmental entity frightens many plaintiffs and lawyers away from such cases. At Friedman & Simon, L.L.P., we hold dear the individual rights that the Constitution grants the American people, and a police misconduct injury lawyer in NY on our team will fight to protect those rights.
If you have suffered injury—even emotional injury—due to police misconduct, call our office. We would like to offer you a free legal consultation regarding your legal options. Our goals are to provide you with excellent service and win the best possible results for you.
Call Friedman & Simon, L.L.P. today at (516) 932-0400.
New York Police Misconduct Injury News
Police Officer Injured In 3-Vehicle Crash
Most people have had to execute a U-turn at some point in their lives. Hopefully, it has been at a point in the road where U-turns are allowed. However, at places on some roads in New York, a U-turn is not permissible. This may be because there is little to no visibility for oncoming vehicles. In a school zone, a U-turn is not permitted in New York. A driver may also not be permitted to make a U-turn when approaching at the top of a hill due to the aforementioned visibility issues. Drivers who make illegal U-turns may receive a traffic citation and if an accident is involved, they may be considered to be at fault.
The Mid-Hudson Valley Patch reports that a police officer was injured in a 3-vehicle crash. The crash happened just before 10:30 p.m. on South Road in the town of Poughkeepsie. It was in the area of South Road near Hudson Plaza.
A 42-year-old male from Glendale, Arizona was driving a 2010 Toyota. He attempted to make an illegal U-turn to head south. The Town of Poughkeepsie police officer hit the vehicle making the illegal turn.
The impact sent the police vehicle across the northbound lanes of South Road. It hit a car that was parked in the parking lot of a fast-food restaurant. Both the driver from Arizona and the police officer suffered from head injuries. They were both taken to a local hospital.
The accident closed two lanes in each direction on South Road for about four hours while an investigation was conducted.