Police Excessive Force Attorney in New York Defending Against Officer Abuse
In Brooklyn and throughout New York City, law enforcement officers’ use of excessive force occurs all too often. If a police officer’s actions crossed a line, you don’t have to just accept what happened. You can take legal action with the guidance and compassionate representation of a Brooklyn excessive force lawyer at Roger Victor Archibald, PLLC.
As an experienced civil rights attorney who stands up to police misconduct, Roger V. Archibald brings unparalleled dedication to excessive force claims. Count on our firm to help you understand your legal rights and how a claim allows you to hold a law enforcement officer accountable for injuries caused by police excessive force.
To make sure every victim of excessive force has the chance to explore their options, our firm offers free consultations at no obligation. Contact us today with our online contact form to take advantage of our decades of experience fighting back against brutality and misconduct on the part of law enforcement.
Understanding Police Excessive Force in Brooklyn, New York
For more than 30 years, attorney Roger V. Archibald has stood up for the victims of excessive force. When unwarranted force is applied during what should be routine encounters or when violence is precipitated by a police officer’s actions, our firm fights for victims and their families.
Police officers shouldn’t be above the law. With our commitment to pursuing justice and accountability, those harmed through police excessive force can finally feel seen, heard, and vindicated.
What Constitutes Excessive Force by Police?
In New York, police officers are permitted to use a degree of force when necessary, but that doesn’t mean they have a free pass to brutalize anyone who inconveniences them. Generally, the force an officer applies when arresting, detaining, or questioning a member of the public must be controlled and reasonable in the circumstances.
A badge isn’t a license to take out anger or aggression on a non-combative member of the public who isn’t posing a danger to others. Officers who act in this way are committing a form of police misconduct known as excessive force.
Examples of conduct that could constitute excessive force, depending on the circumstances, include:
- Hand strikes (hitting) or foot strikes (kicking)
- Forcible takedowns, such as wrestling the person to the ground
- Beating a person who is not endangering others
- Putting a non-combative person in a chokehold
- Using a baton, gun, taser, pepper spray, or other type of weapon unnecessarily
- Denying an injured or ill person medical attention
Any conduct that involves the use of more physical force than is reasonable or necessary can be considered excessive. However, proving that the police violence was unnecessary can be challenging.
Police Excessive Force Laws in New York
Under Section 14-158 of the New York City Administrative Code, determining whether an officer’s actions count as “excessive force” requires consideration of the “totality of the circumstances,” not merely a couple of cherry-picked facts that fail to convey the true reality of the situation. The question asked, generally, is whether the force used under these circumstances is beyond what a reasonable officer would have used in the same situation.
Additional laws apply, including the Fourth Amendment to the Constitution at the federal level. At the state level, New York Penal Law § 35.30 establishes that officers can use physical force if they reasonably believe it is necessary to make an arrest pertaining to the commission of a felony or violent crime, prevent an escape from custody, or defend themselves or others from imminent physical force. Deadly physical force is only permitted in the case that an officer reasonably believes that the use of deadly physical force against them or others is imminent.
This New York state law goes so far as to clarify that “The fact that a police officer or a peace officer is justified in using deadly physical force under [these] circumstances… does not constitute justification for reckless conduct by such police officer or peace officer amounting to an offense against or with respect to innocent persons whom he or she is not seeking to arrest or retain in custody.”
When officers’ use of force is out of control or unwarranted, they can and should face the consequences. At Roger Victor Archibald, PLLC, we seek justice for victims harmed by inappropriate use of force.
Your Rights as a Victim of Excessive Force
Police officers’ use of excessive force is both a violation of your civil liberties and, often, a cause of significant personal injury. You have the legal right to hold officers and the NYPD accountable for the harm inflicted by police brutality and unnecessary physical force.
In an excessive force claim or lawsuit in New York, you can recover financial compensation for the losses that resulted from injuries caused by unreasonable police violence. You may be able to pursue compensation for medical expenses, lost wages, emotional distress, and loss of property. If the force imposed on you led to long-term injuries, you can also pursue compensation for your ongoing care needs or loss of future earning potential. In some cases, it may be possible to have punitive damages awarded as a result of particularly heinous police misconduct.
Although you have a legal right to pursue accountability for excessive force, you must strictly follow certain procedures to preserve your rights. Generally, this means first filing and properly submitting a formal Notice of Claim with the Office of the Comptroller. You generally have only 90 days to take legal action, and you must also meet all requirements regarding notarization, service of process, and legal filing procedures.
These cases are difficult to manage properly and to win, but you don’t have to face them alone. At Roger Victor Archibald, PLLC, we have a proven record of standing up to police excessive force and misconduct of all kinds.
When Do You Need an Experienced Police Excessive Force Attorney in New York?
You should contact our firm as soon as possible after a police incident that you believe may have involved an excessive use of force. The officer will ensure the Threat, Resistance or Injury (TRI) Report tells their side of the story. You need a Brooklyn excessive force lawyer to tell your side.
Getting legal guidance early on can help you:
- Address concerns over the costs of medical care and other financial hardships resulting from the incident, providing peace of mind
- Begin gathering the evidence needed to establish that the force used was excessive and unwarranted, and that it caused you significant harm
- Ensure full, timely compliance with all deadlines and procedures
- Fully identify, project, and calculate all of your compensable losses
Our firm offers free consultations and provides comprehensive support for victims of excessive force and police brutality. It costs you nothing to discuss your individual situation with Roger V. Archibald, get your questions answered, and explore all avenues of holding law enforcement accountable.
How to Prove Excessive Force by Police
To establish that the force police used was excessive and unreasonable, you need to provide evidence that shows what really happened and why the officer’s actions were unnecessary under the circumstances. You also need to detail your injuries and link them to your encounter with law enforcement.
The evidence that may be important in your police excessive force claim includes:
- Incident reports
- Witness accounts of the encounter
- Bystanders’ photos or video footage
- Video footage from police body cams, dash cams, or nearby surveillance cameras
- 911 dispatcher call logs
- The officer’s history of misconduct or excessive force complaints
- Your medical records and receipts, from the first trip to an emergency room or urgent care facility to all follow-up medical and rehabilitation appointments
- Documentation of any wage loss resulting from your injuries
As your police excessive force attorney in New York, Roger V. Archibald will gather all evidence that supports your claim and use it to present a compelling case for officer accountability and financial compensation.
How Roger Victor Archibald, PLLC Can Help
At Roger Victor Archibald, PLLC PLLC, we overcome the challenges in proving police misconduct in excessive force claims and present the strongest possible case for accountability.
Just as no two police excessive force situations are exactly the same, neither is the path to justice. As both an effective negotiator and a formidable litigator, attorney Roger V. Archibald is a tireless advocate who is ready to pursue the most favorable results possible for your situation. Whether your case resolves out of court or goes all the way to trial, we’re prepared to pursue the outcome you deserve.
Police Tort Claims in New York City
In New York City, as in other big cities, excessive force and police brutality are common concerns. In 2023 alone, the New York City Police Department reported 9,777 reportable use of force incidents, more than 8,000 of which involved physical force and nearly 1,500 of which involved a conducted electrical weapon, such as a taser.
Although this report doesn’t reveal how many of these instances were determined or at least alleged to involve excessive force, other data sources indicate that tort claims, which involve injury or loss, are common against the New York City Police Department. Per the New York City Comptroller, 6,891 tort claims were filed against the NYPD during fiscal year 2023.
These claims did not all arise out of incidents that occurred in 2023, and legal action resulting from incidents during this year may not be filed until after the fiscal year has ended. However, both of these separate pieces of data indicate that excessive force leading to physical harm can and does occur during interactions with law enforcement officers in Brooklyn and throughout New York City.
Why Choose Roger Victor Archibald, PLLC as Your Brooklyn Excessive Force Lawyer?
For a Brooklyn excessive force lawyer who is willing to stand up to the NYPD and fight for justice, count on Roger Victor Archibald, PLLC. We take excessive force cases personally, relentlessly seeking justice for every client while ensuring full support for complicated legal issues.
A Deeply Personal Commitment to Upholding Civil Liberties
Your excessive force claim deserves the skilled, dedicated guidance of Roger V. Archibald, a preeminent figure in the legal battle against police misconduct. With extensive knowledge of how police encounters spiral out of control in New York City as well as nationwide practice of police brutality law, our firm has developed a well-deserved reputation for making justice happen. We don’t shy away from standing up to law enforcement, even if your claim is against the largest police department in the country.
Dedication to Serving All Victims of Police Excessive Force
We focus on representing individuals who have been injured or wronged, regardless of their background. In matters involving excessive force and police misconduct, that often means fighting for individuals who are part of minority populations.
Offering Spanish-speaking representation to remove language barriers and an unmatched understanding of how police misconduct affects immigrant populations, especially the Caribbean nationals living in the “Little Caribbean” neighborhood in Brooklyn, our firm is equipped to pursue justice for all.
Experienced, Comprehensive Support for Your Legal Needs
Cases involving police excessive force are often complex. Our firm has served clients since 1996, and attorney Roger V. Archibald has more than 35 years of experience in private law practice. We draw on that extensive experience to support effective strategies in every case we handle.
With a background in various types of legal matters, from personal injury to criminal defense, we’re able to address the full scope of your legal needs and develop a strategy that considers your case from all angles.
Contact a Brooklyn Excessive Force Lawyer at Roger Victor Archibald, PLLC Today for a Free Case Review
Don’t wait to involve an attorney in your potential excessive force claim. These cases have strict deadlines, including the requirement to file a Notice of Claim within just 90 days. The sooner you retain our firm to represent you in a police misconduct lawsuit involving excessive force, the better position you’re in to meet all deadlines and procedures, as well as to gather valuable evidence that supports your claim before it disappears.
For help from a police excessive force attorney in New York, contact Roger Victor Archibald, PLLC using our online form or call 718-237-1111 today.