Police officers are sworn to serve and protect. They are beholden to both federal and state laws while performing their jobs. When an officer acts improperly and fails to comply with established protocols, it may amount to police misconduct. Police brutality is a form of police misconduct. In a broad sense, police brutality is excessive use of force by a law enforcement officer. The New York Police Department handbook only authorizes the use of force that is consistent with that permitted by law and that which falls in line with the Department’s values. Unfortunately, police officers overstep these boundaries and people are needlessly injured as a result. If you are a victim of police brutality or police misconduct, know that you have legal options.
Can I Be Compensated as a Victim of Police Misconduct?
A victim of police misconduct may have experienced the use of excessive force by a law enforcement officer. In the alternative, a victim of police misconduct may have been subjected to false arrest or unjust imprisonment. Incidences of police misconduct involve varied violations of state and federal laws. Victims of police misconduct may not only suffer violations of their civil rights, but they may suffer physical, mental, and emotional injury as well. When a victim has suffered harm as a result of police misconduct, he or she may pursue compensation for harm incurred.
The damage award intended to compensate the victim of police misconduct will vary greatly depending on the facts and circumstances of a specific case. The victim may be able to recover for lost or damaged property. Additionally, lost earnings and loss of future earnings capacity may also be recoverable. Medical expenses may also be included in a damage award. Many victims of police misconduct suffer emotional distress and mental anguish. The victim may also seek compensation for this type of harm. In more egregious cases, a victim of police misconduct may be awarded punitive, or exemplary damages.
In order to seek compensation as a victim of police misconduct, you should be aware of some important requirements associated with filing this type of claim. In order to initiate a lawsuit against a municipality, which includes the New York City Police Department, you must file a Notice of Claim with the Controller’s Office within 90 days following the claim arising. The date the claim arises is usually the date when the incident of police misconduct occurred. You must be sure to comply with notary requirements as well as service of process requirements. The Notice of Claim must be properly completed. If you fail to file the Notice of Claim within the 90 day time frame, the court may still allow for an extension.
Dedicated Police Misconduct Attorney
Victims of police misconduct may suffer lasting physical and mental effects from the incident. It can haunt you well into the future. If you have been the victim of police misconduct, know that you do not have to go through this alone. Attorney Michael LoGiudice is committed to standing up for those who have suffered due to police misconduct. Contact us today.