what's the name of the ny attorney who goes after police brutality

Why do law firms decline to sue the NYPD?

Many law firms decline these cases because they are too challenging and labor-intensive to take on. The best lawyers to sue NYPD are those who have the resources and tactical skill to confront governmental agencies that allow abuse of authority. If you believe your rights were violated, contact Friedman, Levy, Goldfarb & Green to speak ...

What is the NYPD's job?

Unlawful searches and seizures. The NYPD has a monumental task in keeping the peace and ensuring the safety of our diverse neighborhoods. However, when protocols are ignored, and officers take matters into their own hands, they can face civil liability for any ensuing harm.

What is the law enforcement liable for?

When law enforcement officers engage in actions that deprive individuals of their civil rights or partake in inappropriate or illegal behavior in relation to their legal duties, they may be liable under state and federal law. Police brutality and misconduct are directly tied to discrimination and can result in a gross miscarriage of justice.

What are the damages in a civil case?

The strongest cases usually settle out of court, and can net a range of damages for: 1 Pain and suffering 2 Medical expenses 3 Lost wages 4 Loss of future earnings 5 Mental anguish 6 Humiliation 7 Attorney fees 8 Punitive damages

Why are police stereotypes used?

Police Stereotyping. Stereotyping is used by police to ensure their safety as well as others, yet at times these stereotypes are too extreme. Stereotyping can be overlooked leading to prejudice and bias based on many areas including gender, race, religion, disability, and sexual orientation. The nyc police brutality lawyers at Gair, Gair, Conason, ...

Why are police officers required to use force?

While Officers are here to protect and serve the public, they are also required to uphold the constitution and use appropriate force when they investigate crimes. When law enforcement cross the line of duty and violate an individual’s constitutional rights, they can be subject to civil liability for their actions.

What is the requirement to prevail in a civil rights case?

To prevail in a civil rights action under §1983, a plaintiff must establish: (1) that defendants deprived decedent of a right secured by the constitution or laws of the United States, and (2) that such deprivation was committed by person (s) acting under color of state law.

What is municipal liability under section 1983?

Officially promulgated ordinances, regulations and departmental directives give rise to municipal liability under section 1983 if such policies and decisions lead to a deprivation of constitutional rights.

What types of police brutality cases does New York attorney Reiter handle?

When police use unwarranted excessive force or violence against a citizen, it is referred to as police brutality. Police officers are only supposed to use force when absolutely necessary. Even when the situation requires force they are instructed to only use as much force as is needed to get the situation under control.

Why should I hire New York personal injury lawyer Jonathan C. Reiter?

Quite simply, attorney Reiter consistently wins police brutality cases. Some of attorney Reiter’s more substantial police brutality cases include:

Face the unknown with confidence. Contact us. We help make things right

Knowing what to do after a police brutality incident can be overwhelming. You don’t have to challenge powerful institutions on your own. Contact Jonathan C. Reiter Law Firm, PLLC. Our aggressive attorneys have dedicated their careers to fighting for the rights of injury victims.

New York Police Brutality Lawyers

Struggling to Find an Experienced Police Brutality Lawyer in New Mexico? We Can Help

New York Articles

New York, What Comes Under Police Brutality and How Can it be Prevented?

How to prove a malicious prosecution?

In order to prove a malicious prosecution case you have to prove there was a lack of probable cause. To prove there was no probable cause, a Plaintiff has to show that the evidence which the police asserted established probable cause was fabricated or that they withheld information that was favorable and vitiated probable cause. Where there is a civilian complaining witness or confidential informant, you have to show the police knew the witness was not credible. The probable cause standard in a malcious prosecution case is different than the lack of probable cause standard in a false arrest case. For false arrest, you need to prove there was no probable cause at all for the arrest, however in the malicious prosecution context, there has to be probable cause for each offense charged, so when an officer adds a more serious charge, to a valid lesser charge, they can still be sued for malicious prosecution.Our New York malicious prosecution attorneys are meticulous in analyzing evidence that was used in a prosecution and proving that probable cause was lacking.

What is due process in criminal law?

The Due Process clause allows a person who was incarcerated while waiting for trial, to sue, if the police were in possession of evidence that showed the accused was actually innocent. This is often referred to as a Russo Claim. The most common example of a Russo Claim or a Due Process claim based upon prolonged detention occurs when the police have video evidence or forensic evidence which shows that someone else committed the crime, and exonerates the accused.

Can you sue a police officer for false arrest?

Our New York false arrest lawyers have handled many false arrest cases. Under the United States Constitution and the New York Constitution, the police may not arrest a person without probable cause for such the arrest. This means that a police officer must have information that would lead a reasonable person who possesses the same official expertise as the officer to conclude that the person being arrested has committed or is about to commit a crime, whether in the police officer’s presence or otherwise. If the police lied or misrepresented what happened to justify an arrest, you can sue for false arrest.#N#If you were falsely arrested, you are entitled to recover compensation for the experience and time you spent incarcerated.

What are some examples of police brutality?

Examples include but are not limited to: Racial profiling. Assault. Intimidation. Threats of violence. Verbal abuse. Excessive or unnecessary force. Forced or coerced confessions.

What to do if you are victimized by police?

Just because the police are an authority figure doesn’t mean they’re always right. If they victimized you, it is your right to pursue justice and compensation. The attorneys at Morgan & Morgan are here to help.

Do police make you feel safe?

The police are supposed to make us feel safe and secure. Yet, far too often, incidents of police brutality leave people – especially minorities and other vulnerable groups – feeling just the opposite. The events in Minneapolis and other cities across the country following the death of George Floyd once again illustrate the alarming trend ...

Which amendment protects you against illegal searches and seizures?

The Fourth Amendment: Protects you against illegal searches and seizures and police brutality. We have been successful in handling these civil rights cases, as well as unlawful arrest and wrongful conviction cases, which often involve violations of the Fifth and Fourteenth Amendment’s “due process of law” clauses.

What is a qui tam lawsuit?

This is especially applicable to whistleblower cases—also known as a qui tam lawsuit. The Civil Rights Act of 1964: Prohibits federal and state governments and employers from discrimination based on race, color, religion, sex or national origin. This is often referenced in employment law cases.

Who was the police brutality victim in 1997?

1997 police brutality victim. Abner Louima (born November 24, 1966 in Thomassin, Haiti) is a Haitian man who, in 1997, was physically attacked, brutalized, and sexually assaulted by officers of the New York City Police Department ( NYPD) after he was arrested outside a Brooklyn nightclub. His injuries were so severe as to require three major ...

Who were the police officers involved in the fight at the club?

Police, supporters, and various people all became involved in the fight outside the club. Police officers Justin Volpe, Charles Schwarz, Thomas Bruder, and Thomas Wiese, and others responded to the scene. In the ongoing altercation, Volpe said that Louima had attacked him.

What was Louima charged with?

Louima was charged with disorderly conduct, obstructing government administration, and resisting arrest. Later, Volpe admitted his accusation about Louima being his assailant was a lie. On the ride to the station, the arresting officers beat Louima with their fists, nightsticks, and hand-held police radios.

Why was Louima honored?

On the latter date, Louima was honored in New York City by the National Action Network (an organization founded by Al Sharpton ), at the House of Justice, for his resolve and for helping others who have suffered from police brutality.

What was the charge against Wiese and Bruder?

On March 9, 2000, Wiese and Bruder, along with Schwarz, were convicted on the charge of conspiracy to obstruct a federal investigation into the assault on Louima, but their convictions were reversed by a federal appeals court in February 2002 for insufficient evidence.

How long was Volpe in jail?

Volpe also admitted that he had threatened Louima's life. Volpe was convicted of the charges. On December 13, 1999, he was sentenced to 30 years in prison, without the possibility of parole, as well as a $525 fine and restitution in the amount of $277,495.

What did Volpe do in the trial?

Volpe was charged with several counts in federal court of violating Louima's civil rights, obstruction of justice, and making false statements to police ; he pleaded "not guilty". Midway through the trial, Volpe changed his plea to guilty, confessing to having sodomized Louima.