Police brutality has increased to a point it has gained unprecedented media coverage. Yet despite heightened awareness, this form of civil rights violations continues at a worrying trend. Law enforcement officers typically target law-abiding citizens for the most unfair and sometimes illegal reasons. If a New York City police officer has abused their power and you become a victim of their brutality, you can work with a police brutality lawyer in NYC to file a lawsuit and obtain compensation.
Defining Police Brutality
Law enforcement officers have the power to exercise discretion when performing their duties. However, when they overstep their limits, such actions are considered police brutality. Police brutality is excessive force and inflicting illegal harm against civilians. Beatings, sexual abuse, torture, and similar misconducts qualify as police brutality. Others include harassment, racial discrimination, and denial of medical assistance. Amnesty International classifies police brutality as a violation of human rights and infringement of human liberty to equal protection and security.
According to federal and state laws, as well as policies of the police department, police brutality is a violation of Constitutional rights. Legal measures are usually put in place to hold the police accountable for human rights violations. To understand your rights, police munity, and how you can file a lawsuit against a police enforcement officer, do not hesitate to talk to a police misconduct attorney.
Steps To Take If You Are A Victim Of Police Brutality
You need hard evidence to file a lawsuit against a police officer. As such, you should document everything as soon as possible when you can still remember them. The next step is to talk to a civil rights attorney who understands the legal process of handling such cases. Your civil rights lawyer will also advise you on whether it’s wise to bring a case against the police and if you stand a chance of obtaining compensation.
Next, prepare but do not send a Police Misconduct Report. It’s vital to prepare a formal complaint but do not send it before an official lawsuit has been filed. Otherwise it can badly damage your case since the police will be privy to the information contained in the lawsuit. Follow the guidance of your attorney as Police misconduct cases are highly sensitive and tricky, and anything you say or do before and during the lawsuit process can hurt your case.
How To File A NYPD Police Brutality Lawsuit
Filing a lawsuit against a police officer is different from other types of lawsuits. Therefore, it is crucial to hire a very experienced police brutality lawyer to guide you through the legal process -otherwise you may risk having your case dismissed.
First, file a Notice of Claim with the New York City Comptroller’s Office within three months or 90 days. If you don’t file the notice within the deadline, you will not obtain compensation. Once the notice is sent, the next step is filing a complaint in court. The court complaint will highlight the basis of your claim and how the police violated your civil rights.
Any form of civil rights violation and police misconduct from those mandated to protect citizens cannot be tolerated. Federal and state laws serve to protect civilians from unfair police violence. If you’re a victim of police brutality, do not suffer in silence or face them on your own; talk to a knowledgeable lawyer in these cases to file a lawsuit and obtain compensation.