Were you the victim of police misconduct in New York, NY? If so, you may have the right to seek justice and financial compensation. Dealing with government agencies and legal processes can be overwhelming, but you do not have to go through it alone. Levine & Slavit, PLLC is here to protect your rights and fight for the accountability you deserve.
Our New York police misconduct lawyers have 115 years of combined experience representing injured victims and wronged individuals. Over the decades, we have recovered tens of millions of dollars for our clients. If you need strong and experienced legal help, we are ready to stand by your side.
Call us at (212) 687 2777 today to schedule a free consultation. You can receive preliminary legal advice with no obligations at that time.
How Levine & Slavit, PLLC Can Help With Your Police Misconduct Claim in New York, NY
Standing up to law enforcement or government agencies can feel intimidating. Police departments have powerful legal teams and insurance companies protecting them. Hiring an experienced lawyer can make all the difference in holding them accountable.
At Levine & Slavit, PLLC, our New York civil rights attorneys have the skills and resources needed to build a strong claim on your behalf.
When you work with our firm, our New York police misconduct lawyers will:
- Conduct a thorough investigation into the misconduct
- Collect crucial evidence such as videos, reports, and witness statements
- Consult with leading experts on police procedures and constitutional law
- Calculate the full extent of your damages
- Negotiate aggressively for a fair settlement
- Represent you at trial if necessary
Police misconduct cases are complex and often face strong resistance. However, our team is not afraid to go up against powerful defendants and put in the work necessary to secure winning results for our clients. Call us today in New York, New York, to learn more about how we can help you assert your rights.
What is Police Misconduct?
Police misconduct occurs when a law enforcement officer abuses their authority or violates someone’s legal rights. It can take many forms, including the use of excessive force, unlawful arrests, racial profiling, or illegal searches.
Examples of police misconduct include:
- Brutality or the use of unnecessary physical force
- Wrongful shootings
- False arrests without probable cause
- Malicious prosecution
- Sexual assault or harassment by an officer
- Denial of medical care while in custody
- Unlawful searches and seizures violating the Fourth Amendment
- Retaliation for exercising free speech rights
If you believe you have been the victim of any form of police misconduct, contact Levine & Slavit, PLLC. We will review your case carefully and explain your legal options.
What Laws Protect Victims of Police Misconduct?
Several important laws exist to protect individuals from abuse by law enforcement officers.
You may be able to rely on one or more of the following to help your case:
Section 1983 of the Civil Rights Act
Section 1983 allows victims to sue government officials, including police officers, for violating their constitutional rights. To prevail, you must show that the officer acted under “color of law” and deprived you of a protected right.
The Fourth Amendment
The Fourth Amendment protects individuals from unreasonable searches and seizures. Officers who conduct searches without proper justification or use force without cause may violate this fundamental right.
The Fourteenth Amendment
The Fourteenth Amendment guarantees due process and equal protection under the law. Police misconduct claims often involve violations of due process rights, especially in cases of wrongful arrests or excessive force.
Our experienced New York police misconduct attorneys can help you understand which laws apply to your case and how to hold the responsible parties accountable.
What Compensation Can I Recover in a Police Misconduct Lawsuit?
Victims of police misconduct may be entitled to significant compensation. The goal of a lawsuit is not only to hold wrongdoers accountable but also to make you financially whole.
You may be able to recover:
Economic damages, such as:
- Medical expenses for injuries caused by police actions
- Future medical costs for ongoing care
- Lost wages if you missed work
- Loss of future earning potential if your injuries are permanent
- Property damage (such as damage to your car or home during an unlawful search)
Non-economic damages, including:
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Damage to reputation
Punitive damages may also be awarded in cases where the officer’s behavior was especially egregious. These damages are intended to punish the wrongdoer and deter future misconduct.
At Levine & Slavit, PLLC, we will work tirelessly to identify all possible damages and demand full and fair compensation on your behalf.
Common Types of Police Misconduct in New York
Police misconduct can happen in many different ways. Some of the most common types of misconduct claims include:
Excessive Force
When police officers use more physical force than necessary for a given situation, it may violate your constitutional rights.
False Arrest
If you are arrested without probable cause or a valid warrant, you may be able to file a false arrest lawsuit.
Malicious Prosecution
Officers or prosecutors who pursue criminal charges without evidence or with malicious intent can be held liable.
Wrongful Death of a Loved One
If police misconduct results in a loved one’s death, the surviving family members may be entitled to bring a wrongful death claim.
Unlawful Search and Seizure
When law enforcement searches your home, car, or person without proper legal authority, you may have a claim.
Racial Profiling
Targeting individuals based on race, ethnicity, or nationality rather than evidence is a serious violation of civil rights.
Denial of Medical Care
Police officers have a duty to provide or obtain medical care for individuals who are injured or ill while in custody.
If you experienced any of these forms of misconduct, contact our New York police misconduct lawyers today for a free consultation.
How Do I Prove a Police Misconduct Case in NYC?
Police misconduct claims are serious and require strong evidence. You will generally need to prove that the officer acted unreasonably given the circumstances, violated your rights, and caused you harm as a result.
Our attorneys will gather evidence such as:
- Police body camera footage or dashboard camera videos
- Surveillance footage from nearby businesses or homes
- Witness statements from bystanders
- Medical records documenting your injuries
- Internal police reports or disciplinary histories
- Expert testimony on proper police procedures
Proving police misconduct can be challenging because law enforcement officers often have protections like qualified immunity. However, our team knows how to build strong cases and overcome these barriers.
What is Qualified Immunity?
Qualified immunity is a legal doctrine that can shield police officers and other government entities and individuals from being held personally liable for misconduct in certain situations. Under qualified immunity, officers are protected unless they violated a “clearly established” constitutional right that a reasonable person would have known.
While qualified immunity can make cases more complex, it is not an absolute defense. If we can show that your rights were clearly violated, we can defeat this defense and proceed with your claim.
Our attorneys are highly skilled at handling cases involving qualified immunity issues. We will fight back aggressively to hold the officer or department accountable.
How Much Time Do I Have to File a Police Misconduct Lawsuit in New York?
You have a limited amount of time to file a police misconduct lawsuit in New York. This deadline is known as the statute of limitations. The amount of time you have to take legal action depends heavily on the facts of your case.
In most circumstances, you must file your Section 1983 claim within three years of the date of the misconduct. However, if you plan to sue a city, county, or state agency, you may need to file a Notice of Claim within just 90 days.
If you intend to file a complaint against a New York Police Department (NYPD) officer, it is best to do so as soon as you can after getting legal advice; investigations can take a year or more to complete, and disciplinary action can only be brought against an officer within 18 months.
Missing the applicable deadline or deadlines for your case can permanently bar you from recovering damages. That is why it is important to speak with an attorney right away after experiencing police misconduct.
Contact Our Experienced New York Police Misconduct Attorneys for a Free Consultation
You deserve justice if you were harmed by police misconduct in New York. At Levine & Slavit, PLLC, we have spent over a century combined fighting for the rights of victims across New York City.
We have the experience, resources, and passion to stand up to government entities and demand accountability. Call us today or contact us online to schedule a free consultation with an experienced New York police misconduct lawyer.