Police Brutality Lawyer in New York

As a New York police brutality attorney, the Law Offices of Albert Goodwin is dedicated to fighting for the rights of those who have suffered harm at the hands of law enforcement. We will tirelessly pursue justice on your behalf, working to secure the maximum compensation you are entitled to for the injuries and losses you have endured as a result of police misconduct.

The Civil Rights Act of 1871 (42 U.S.C. §1983)

The Civil Rights Act of 1871, codified as 42 U.S.C. §1983, is a powerful legal tool that safeguards citizens from the deprivation of their constitutional rights by the government. This federal statute allows individuals to seek redress in court when their rights have been violated by state actors, including police officers.

To prevail in a civil rights action under §1983, plaintiffs must establish two essential elements. First, they must demonstrate that the defendants, acting under the color of state law, deprived the decedent of a right secured by the Constitution or laws of the United States. This element requires showing that the police officers' actions must have resulted in the deprivation of a right secured by the Constitution or laws of the United States. This includes violations of specific constitutional rights such as those protected by the Fourth Amendment (unreasonable searches and seizures) and the Fourteenth Amendment (due process and equal protection under the law).

Second, plaintiffs must prove that the deprivation of rights was committed by persons acting under the color of state law. This means that the police officers were acting in their official capacity as government agents, using the authority and power vested in them by the state, when they engaged in the conduct that violated the decedent's rights.

In addition to holding individual police officers accountable, §1983 also allows for municipal liability when the constitutional deprivation results from officially promulgated ordinances, regulations, or departmental directives. This means that if a police department has official policies or practices that lead to the violation of citizens' rights, the municipality itself can be held liable.

Furthermore, even in the absence of officially promulgated policies, a municipality can be held liable under §1983 if there are de facto policies or practices that engender constitutional deprivations. These unwritten customs or practices, if sufficiently widespread and persistent, can form the basis for municipal liability when they lead to the violation of individuals' rights by police officers. There must be a direct link between the municipality's policy or custom and the constitutional violation.

Examples of de facto policies or practices that may give rise to municipal liability include a pattern of inadequate training or supervision of police officers, a failure to discipline officers engaged in misconduct, or a culture of tolerance for excessive force or racial profiling within a police department. By holding municipalities accountable for these systemic issues, §1983 aims to promote institutional reform and prevent future violations of citizens' rights.

When a Police Brutality Lawyer is Needed

If you or a loved one has been a victim of police misconduct, it is crucial to seek the help of an attorney who can protect your rights and fight for the justice you deserve.

Definition of excessive force/police misconduct/police brutality

Excessive force occurs when a police officer uses force that exceeds what is reasonably necessary to arrest a suspect, protect themselves, or protect others from harm. Police misconduct encompasses a wide range of illegal or unethical actions by law enforcement officers, including excessive force, abuse of power, and violation of constitutional rights. Police brutality is the use of excessive or unnecessary force by police, often resulting in physical injury or death.

Duties of police officers to protect and serve the public while upholding the constitution

Police officers have a duty to protect and serve the public, maintain order, and enforce the law. They are expected to uphold the Constitution and respect the rights of all individuals, regardless of race, ethnicity, gender, or socioeconomic status. This includes the Fourth Amendment's protection against unreasonable searches and seizures, the Fifth Amendment's guarantee of due process, and the Fourteenth Amendment's equal protection clause.

Civil liability for officers who violate an individual's constitutional rights

When police officers violate an individual's constitutional rights, they can be held civilly liable under 42 U.S.C. §1983. This federal statute allows individuals to seek damages and injunctive relief against officers who, acting under color of law, deprive them of their rights. Victims of police misconduct may be entitled to compensatory damages for physical injuries, emotional distress, and other losses, as well as punitive damages to punish and deter future misconduct. In some cases, municipalities can also be held liable for the actions of their officers if the misconduct resulted from an official policy, practice, or custom, or from inadequate training or supervision.

Common Types of Police Misconduct

Racial profiling is a common type of police misconduct that involves targeting individuals based on their race, ethnicity, or national origin. This can result in disproportionate stop, search, and arrest rates for minorities, as well as the use of race as a factor in deciding whom to stop and investigate. Racial profiling also leads to the discriminatory application of the law based on racial stereotypes.

Making false arrests is another form of police misconduct, which occurs when officers arrest individuals without probable cause, fabricate or exaggerate evidence to justify arrests, mislead or deceive suspects about their rights, or retaliate against individuals for exercising their rights or filing complaints.

Using excessive force is a serious type of police misconduct that involves employing force beyond what is reasonably necessary to control a situation. This can include engaging in physical violence, such as punching, kicking, or choking, using weapons, such as batons, tasers, or firearms, inappropriately, and failing to de-escalate situations or resorting to force too quickly.

Surveillance abuse is another area of police misconduct, which involves conducting illegal searches and seizures without a warrant or probable cause, engaging in unauthorized wiretapping, GPS tracking, or electronic surveillance, monitoring individuals' social media accounts or online activities without justification, and infiltrating political or religious organizations without a legitimate law enforcement purpose.

Assault is a type of police misconduct that includes physically attacking or battering individuals without justification, sexual assault or misconduct, such as inappropriate touching or coercion, the use of excessive force during arrests or interrogations, and failure to intervene when witnessing another officer engaging in assault.

Verbal attacks are another form of police misconduct, which can involve using racial slurs, insults, or derogatory language towards individuals, engaging in verbal abuse, intimidation, or threats, making false or misleading statements to the public or media, and retaliating against individuals who file complaints or speak out against misconduct.

Abuse of legal power is a type of police misconduct that involves falsifying police reports, affidavits, or other official documents, committing perjury or making false statements under oath, tampering with or destroying evidence, and abusing the power of arrest or detention to intimidate or punish individuals.

Corruption and bribes are also forms of police misconduct, which can include accepting bribes or gratuities in exchange for favorable treatment, engaging in theft, embezzlement, or misappropriation of funds, providing confidential information to criminals or unauthorized parties, and participating in drug trafficking, prostitution, or other illegal activities.

Police Stereotyping

Police stereotyping involves the use of generalized beliefs or preconceived notions about certain groups by law enforcement officers. This can lead to officers assuming criminal behavior based on an individual's appearance, race, or ethnicity, treating individuals differently based on stereotypes rather than objective evidence, and failing to consider the unique circumstances of each situation or individual.

Extreme stereotypes can lead to prejudice and bias among police officers, causing them to hold deeply ingrained, negative beliefs about certain communities or groups. This may result in officers viewing certain individuals as inherently dangerous, untrustworthy, or criminal, allowing personal biases to influence their decision-making and behavior, and engaging in discriminatory practices based on prejudicial stereotypes.

Police stereotyping occurs in various areas, including gender, race, religion, disability, and sexual orientation. Gender stereotyping may involve assuming women are less capable or more emotional than men, treating male suspects more aggressively than female suspects, failing to take domestic violence or sexual assault complaints seriously, and engaging in inappropriate or sexualized behavior towards women.

Racial stereotyping can lead to officers assuming individuals of certain races are more likely to engage in criminal behavior, subjecting racial minorities to increased scrutiny, stop and frisk, or use of force, failing to investigate crimes against racial minorities with the same diligence, and using racial slurs or derogatory language when interacting with individuals.

Religious stereotyping may result in officers treating individuals of certain religious backgrounds with suspicion or hostility, assuming individuals of certain faiths are more likely to engage in terrorist activities, failing to respect religious garments, customs, or beliefs during interactions, and engaging in religious profiling or targeting individuals based on their faith.

Disability stereotyping can cause officers to assume individuals with disabilities are incapable of understanding or complying with orders, fail to provide reasonable accommodations or modify procedures when interacting with individuals with disabilities, use unnecessary force against individuals with mental health conditions or developmental disabilities, and treat individuals with disabilities as burdensome or disruptive to police operations.

Sexual orientation stereotyping may lead to officers assuming individuals of certain sexual orientations are more likely to engage in lewd or inappropriate behavior, failing to respond adequately to hate crimes or violence against LGBTQ+ individuals, using offensive or derogatory language when referring to an individual's sexual orientation, and engaging in discriminatory practices or unequal treatment based on sexual orientation.

Police stereotyping can lead to discriminatory practices, unequal treatment, and the violation of individuals' constitutional rights. When officers engage in stereotyping based on race, gender, religion, disability, or sexual orientation, they fail to uphold their duty to serve and protect all members of the public fairly and impartially. Such conduct erodes trust between law enforcement and the communities they serve, and it can result in serious harm to individuals who are subjected to increased scrutiny, excessive force, or other forms of mistreatment based on stereotypes.

If you or a loved one has been the victim of police brutality, you can call the Law Offices of Albert Goodwin at 212-233-1233 or send us an email at [email protected].contact GGCRBHS&M for a free consultation. We will listen to your story, review the facts of your case, and advise you on your legal options. Our firm operates on a contingency fee basis, meaning you will not pay any attorney's fees unless the firm recovers compensation on your behalf. We represent police brutality victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.