When police cross the line and use more force than necessary, victims are often left shaken, injured, and unsure where to turn. At Roger Victor Archibald, PLLC, one of the first questions we hear is: “What proof do I need to show what really happened?”
In civil rights cases, courts judge whether force was objectively reasonable under the circumstances, meaning what a reasonable officer could do in that moment. Because of this, your evidence must connect directly to that standard.
Evidence is the foundation of any excessive force claim. Without it, even serious injuries can be minimized or dismissed. With it, you can strengthen your case and take meaningful steps toward justice and accountability. A Brooklyn excessive force lawyer can guide you through the process of gathering and preserving this critical proof.
In this article, we explain the types of evidence that matter most after an excessive force incident in Brooklyn, why each is important, and how it can be used to support your case.
Medical & Psychological Evidence: Documenting Harm
Your health comes first. Seek immediate medical care, even if you think your injuries are minor. Doctors not only treat hidden injuries but also create medical records that directly connect your harm to the incident.
- Emergency room reports, X-rays, and treatment notes serve as objective documentation.
- Photographs of bruises, cuts, or lasting marks provide powerful visual proof.
- Follow-up appointments help establish ongoing pain, disability, or trauma.
- Mental health evaluations or therapy records can document the emotional toll, including anxiety, PTSD, or depression, which are just as real as physical harm.
Official Records & Bodycam Footage: What to Request
Always request a copy of the police report. While it may not tell the full story, it provides a starting point. If possible, note the officers’ names, badge numbers, and the precinct involved.
In New York, victims of police misconduct often benefit from requesting internal records through legal channels, such as body camera footage, radio communications, and officer disciplinary histories. An attorney can help secure these materials and ensure they are preserved.
In more complex cases, expert witnesses (forensic video analysts, medical or use-of-force experts) can help interpret internal records or bodycam footage to reveal what occurred behind conflicting accounts.
Witness Accounts: Independent Voices in Your Case
Neutral witnesses can be some of the most persuasive voices in your case.
- Passersby, bystanders, or fellow detainees can confirm what happened.
- Written or recorded statements add credibility, especially if witnesses are willing to testify later.
- Even partial observations, such as hearing raised voices or seeing part of the encounter, may help corroborate your account.
Video & Surveillance in Brooklyn Excessive Force Cases
In today’s world, cameras are everywhere. Video often becomes the strongest form of proof in excessive force cases.
- Body-worn cameras or dashcam footage from police vehicles.
- Surveillance cameras from nearby businesses or street corners.
- Cell phone videos from bystanders.
Because video evidence can be deleted or overwritten quickly, prompt legal action is often necessary to secure and preserve it.
Your Narrative: Detailing What Happened
Write down everything you remember as soon as you can. Small details, like the exact words used or the sequence of events, can become crucial later. Keep your notes private and share them only with your attorney to protect your case.
Why Evidence Is Critical in Brooklyn Excessive Force Cases
In New York, civil rights cases involving allegations of excessive force, sometimes referred to as police brutality when the conduct is particularly severe, face challenges such as qualified immunity and strict filing deadlines. Evidence is what cuts through these barriers and tells your story clearly in court or in negotiations. Strong documentation can mean the difference between a dismissed claim and fair compensation for your injuries and suffering.
Legal Standard & Example
Courts assess use of force under the constitutional standard of objective reasonableness (based on what a reasonable officer would do under similar circumstances). In close cases, compelling video or corroborated statements can tip the balance. For example, a bystander’s video showing an otherwise unresisting person being forcibly taken down might contradict an officer’s report that resistance justified force.
Time Limits & Notice Requirements You Must Meet
Most civil rights claims in New York must be filed within three years, but if your case involves the NYPD or another city agency, you may be required to file a Notice of Claim within just 90 days. Acting quickly ensures that evidence is preserved and your rights are not lost to missed deadlines.
Preserving Integrity of Evidence
Keep original files, avoid altering photos or videos, and consult with an attorney before sharing evidence with others. This helps maintain the credibility of your case. Community resources, including local civil rights organizations or legal aid groups, can sometimes step in to help preserve or gather evidence in the critical days after an incident, but legal guidance ensures that nothing is overlooked and that your rights are fully protected.
Common Defenses and How Evidence Can Refute Them
Defense strategies often include claims of “reasonable fear,” sudden perceived threat, or conflicting narratives. Strong, contemporaneous evidence, like video showing minimal threat or consistent witness testimony, helps counter such arguments. Evidence that undermines ambiguity is especially valuable when officers claim split-second judgments.
Let Roger Victor Archibald, PLLC Help You Take Action
At Roger Victor Archibald, PLLC, we believe your experience deserves to be heard and supported by solid proof. As a Brooklyn excessive force lawyer, Roger V. Archibald has helped residents build strong cases by gathering medical records, securing video evidence, and fighting for access to police files that might otherwise stay hidden.
If you or a loved one were the victim of excessive force in Brooklyn or anywhere in New York City, you do not have to face the process alone. Even if you are unsure whether what you experienced counts as excessive force, it may help to talk it through with a lawyer. We are here to listen to your story, answer your questions, and help you protect your rights. Contact us today to schedule a confidential consultation.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.