If the police used more force than necessary and you walked away injured, afraid, or violated, you are not alone, and you do have legal options. Excessive force is not just a violation of your civil rights; it may also be the basis for a lawsuit under both New York and federal law.
At Roger Victor Archibald, PLLC, we understand how painful and disorienting these encounters can be. If you believe NYPD officers used unnecessary force during an arrest, stop, or encounter in Brooklyn, this guide can help you understand your rights and take the first steps toward legal protection.
What This Article Covers
- The legal definition of excessive force
- Signs your rights may have been violated
- What to do immediately after the incident
- How to preserve your case
- When and how to seek legal help
What Is Considered Excessive Force by the NYPD?
Excessive force occurs when a police officer uses more physical or deadly force than what is reasonably necessary to control a situation, conduct an arrest, or ensure safety. The U.S. Constitution, specifically the Fourth Amendment, protects you from this kind of police misconduct. So does Section 1983 of the Civil Rights Act, which allows victims to file lawsuits in civil court.
In New York, police force must always be proportional to the circumstances. That means officers cannot escalate their response beyond what is needed to control a situation safely.
Examples of excessive force may include:
- Tackling or striking someone who is not resisting arrest
- Using a Taser or baton on a handcuffed person
- Continuing to hit or kneel on a suspect after they are subdued
- Spraying pepper spray into a peaceful crowd
Courts apply the Graham v. Connor standard to evaluate excessive force claims. That means a judge will look at whether the officer’s actions were “objectively reasonable” at the time. It is not about what the officer intended, but whether the amount of force used made sense under the circumstances.
Understanding your legal rights is only the first step. Knowing how to respond after the incident is just as important.
What to Do If You’re Hurt by the Police in Brooklyn
If you’re recovering from physical injuries or emotional trauma after a police encounter, here are immediate steps you can take to protect yourself and your legal options:
1. Seek Medical Attention Immediately
Even if you think your injuries are minor, a medical evaluation creates an official record of harm. Tell your doctor exactly what happened, and ask for copies of your treatment records.
2. Document Everything You Remember
As soon as possible, write down the full timeline of events:
- The date, time, and location of the incident
- The names or badge numbers of the officers involved (if known)
- What was said by officers, witnesses, or bystanders
- Whether any cameras may have recorded the event (bodycam, security footage, traffic cams)
3. Preserve Physical Evidence
Photograph any injuries, bruises, torn clothing, or damaged belongings. Keep everything, even if it seems small. Your attorney may later use these items as evidence.
4. Identify Witnesses
If anyone saw what happened, ask for their full name and contact information. Witness testimony can be essential, especially when the official version of events is disputed.
5. Consult an Attorney Before Filing a Complaint
While you have the right to file a complaint with the Civilian Complaint Review Board (CCRB), it’s usually best to speak with a civil rights attorney first. The CCRB is an independent city agency that investigates allegations of police misconduct, but its process is separate from any legal claims you may have for damages. An attorney can advise you on how to preserve your claim, meet legal deadlines, and avoid mistakes that could hurt your case down the line.
Common Myths About Excessive Force Cases
Misinformation keeps many people from seeking justice. Let’s clear up a few common myths:
1. “They were arresting me, so they had the right to hurt me.”
Not necessarily. Police may only use the amount of force needed to control the situation. Even if you resisted arrest, excessive or deadly force is not justified unless someone’s life was in immediate danger.
2. “If I have a criminal record, no one will believe me.”
False. Your past does not erase your constitutional rights. Courts focus on what happened during the incident, not your background.
3. “There’s no video, so I don’t have a case.”
Video can help, but it is not required. Strong cases can be built using medical records, witness statements, photographs, and an officer’s disciplinary history.
How Roger Victor Archibald, PLLC Can Help
Roger V. Archibald, Esq. has spent decades fighting for individuals and families in Brooklyn and throughout New York City who have suffered serious harm at the hands of law enforcement. Our firm focuses on civil rights violations, police brutality, and excessive force cases with compassion and determination.
We take time to listen to your story, examine the facts, and pursue every available legal remedy under New York and federal law. Whether the NYPD used excessive force during a stop, search, or arrest, we can help you understand your options and take action to protect your rights.
What Compensation Might Be Available?
If your claim is successful, you may be entitled to compensation for:
- Medical expenses
- Lost income or missed work
- Pain and suffering
- Emotional trauma
- Long-term disability
- Punitive damages in cases of extreme misconduct
Under New York law, claims involving the NYPD or other city agencies often require filing a Notice of Claim within 90 days of the incident. Do not wait to speak with an attorney. Your time to take legal action may be shorter than you think.
Your Story Deserves to Be Heard. Here’s Where to Start
If you were injured by NYPD officers and believe excessive force was used, you do not have to face this alone. The law is clear. You have rights, and you deserve to be heard.
Contact Roger Victor Archibald, PLLC today for a free and confidential consultation. We will review your case, explain your legal options, and help you take the next step toward accountability, without pressure or obligation.
Based in Brooklyn, we proudly represent individuals in communities across New York City, including The Bronx, Queens, Manhattan, and Staten Island. Whether your encounter occurred in Harlem, Crown Heights, Flatbush, Jamaica, or the South Bronx, we are here to stand with you.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is unique. Please consult a licensed attorney to discuss your specific situation.