New York Civil Rights & Criminal Defense Lawyers

At Sivin, Miller & Roche LLP, we understand the devastating impact that police misconduct can have on the lives of individuals in Brooklyn. Victims of excessive force, wrongful arrest, racial profiling, or other abuses of power deserve justice and accountability. Our experienced Brooklyn police misconduct lawyers are committed to standing up for your rights and holding law enforcement accountable for their actions. If you or a loved one has been a victim of police misconduct, contact us today for a free consultation to discuss your legal options and how we can help you seek the justice you deserve.

What Constitutes Police Misconduct in NYC?

In New York City, police misconduct involves actions by law enforcement officers that violate individuals’ constitutional rights or go beyond the scope of their lawful authority. These actions can lead to severe physical, emotional, and legal consequences for victims. Understanding what constitutes police misconduct is the first step in seeking justice. Here are some common forms of police misconduct in NYC:

• Excessive Force: Using more physical power than necessary, such as inappropriate use of weapons, chokeholds, or aggressive tactics that result in injury.
• False Arrest: Taking an individual into custody without a warrant, probable cause, or legal justification, infringing on their right to freedom.
• Racial Profiling: Targeting individuals based on their race, ethnicity, religion, or nationality instead of actual evidence or behavior, which is discriminatory and unlawful.
• Unlawful Searches and Seizures: Conducting searches of a person, vehicle, or property without a valid warrant, consent, or probable cause, violating Fourth Amendment protections.
• False Imprisonment: Detaining an individual against their will without lawful authority, often due to bias, discrimination, or other improper motives.
• Malicious Prosecution: Initiating or continuing a criminal case against someone based on false information, improper motives, or a lack of evidence.
• Coerced Confessions: Using threats, intimidation, or physical force to obtain a confession, which is a direct violation of an individual’s Fifth Amendment rights.
• Failure to Intervene: When officers witness a fellow officer engaging in misconduct and fail to take action to stop it or report it, they also violate the law.

If you believe you have been a victim of any form of police misconduct in Brooklyn, our experienced lawyers at Sivin, Miller & Roche LLP are here to help you fight for your rights. Contact us today for a free consultation to discuss your case.

How Does Legal Action Work for Police Misconduct?

Taking legal action for police misconduct in Brooklyn can be complex, but it is an essential step in holding law enforcement accountable and seeking justice for violations of your rights. Understanding the process can help you prepare for what lies ahead. Here are the key steps involved in pursuing legal action for police misconduct:

1. Document the Incident: Start by gathering as much evidence as possible. This includes photographs of injuries, medical records, witness statements, and any audio or video recordings of the incident. This documentation is crucial in building a strong case.
2. File a Complaint: Before pursuing a lawsuit, you may need to file a complaint with the police department’s Internal Affairs Bureau (IAB) or the Civilian Complaint Review Board (CCRB) in New York City. This step officially records the misconduct and prompts an internal investigation.
3. Consult with an Attorney: Contact a police misconduct lawyer to discuss your case. An attorney can evaluate the merits of your claim, explain your legal options, and guide you through the process. Their expertise is vital in navigating complex laws and procedures.
4. Investigation: Your attorney will conduct a thorough investigation, including reviewing evidence, interviewing witnesses, and consulting experts if necessary. This step is crucial in building a compelling case against the offending officers or department.
5. File a Lawsuit: If the internal complaint process does not lead to a satisfactory resolution, or if you decide to proceed directly, your attorney will file a lawsuit on your behalf. This lawsuit may involve claims of civil rights violations, excessive force, false arrest, or other forms of police misconduct.
6. Pre-Trial Negotiations: Many police misconduct cases are resolved through settlement negotiations before going to trial. Your attorney will negotiate with the city or police department to seek fair compensation for damages, which can include medical expenses, lost wages, emotional distress, and more.
7. Trial: If a settlement is not reached, the case may proceed to trial. During the trial, both sides present evidence and arguments. Your attorney will work to prove that the police misconduct occurred and caused harm, while the defense will attempt to refute these claims.
8. Verdict and Compensation: If you win the case, the court may award compensation for damages suffered due to the misconduct. In some cases, punitive damages may also be awarded to punish the offending officers and deter future misconduct.

Taking legal action for police misconduct can be daunting, but you don’t have to face it alone. The Brooklyn police misconduct lawyers at Sivin, Miller & Roche LLP are ready to help you every step of the way. Contact us today for a free consultation to discuss your rights and legal options.

How a Brooklyn Police Misconduct Lawyer Can Help

At Sivin, Miller & Roche LLP, we understand how overwhelming it can be to face police misconduct. Our experienced Brooklyn police misconduct lawyers are here to guide you through the legal process and fight for the justice you deserve. Here’s how we can help you:

Evaluate Your Case

We start by thoroughly reviewing the details of your case to determine if your rights were violated. Our team will listen to your story, examine the evidence, and identify the best course of legal action.

Investigate the Misconduct

We will conduct a detailed investigation into the incident, gathering crucial evidence such as police reports, witness statements, surveillance footage, and medical records. Our goal is to build a strong case that holds law enforcement accountable for their actions.

Navigate Complex Legal Processes

Police misconduct cases can be legally complex, involving local, state, and federal laws. Our lawyers have extensive experience in this area and will handle all the legal procedures, paperwork, and filings, ensuring that your case is pursued efficiently and effectively.

Advocate for Your Rights

We are committed to standing up for your rights. Our attorneys will represent you in negotiations with the city, police department, or insurance companies to seek a fair settlement. If a fair resolution cannot be reached, we are fully prepared to take your case to court.

Seek Maximum Compensation

Victims of police misconduct often face physical injuries, emotional trauma, and financial hardships. We will fight to secure compensation for your medical expenses, lost wages, pain and suffering, and other damages caused by the misconduct.

Provide Compassionate Support

Beyond legal representation, we offer compassionate support throughout the process. We know how difficult these situations can be, and we are here to answer your questions, keep you informed, and advocate for your best interests every step of the way.

If you or a loved one has experienced police misconduct in Brooklyn, you don’t have to navigate this journey alone. Contact Sivin, Miller & Roche LLP today for a free consultation. Let us help you take a stand against police misconduct and seek the justice you deserve.

Damages You May Be Entitled to in a Police Misconduct Case

Victims of police misconduct in Brooklyn may be entitled to various types of compensation for the harm they have suffered. At Sivin, Miller & Roche LLP, we strive to secure the maximum compensation possible for our clients. Here are the types of damages you may be entitled to in a police misconduct case:

Medical Expenses

If you sustained physical injuries due to excessive force or other forms of misconduct, you can seek compensation for medical costs, including emergency care, surgeries, hospital stays, rehabilitation, and any future medical expenses related to your injuries.

Lost Wages

If the misconduct resulted in time away from work due to injuries, arrest, or emotional distress, you may be entitled to recover lost wages. Additionally, if the incident affects your future earning capacity, we will seek compensation for long-term financial losses.

Pain and Suffering

Police misconduct can cause severe physical pain and emotional distress. You may be entitled to compensation for the physical pain, mental anguish, emotional trauma, and diminished quality of life resulting from the misconduct.

Emotional Distress

Victims often suffer from emotional and psychological effects, such as anxiety, depression, PTSD, or fear of law enforcement. These are legitimate harms, and you can seek compensation for the emotional impact of the misconduct on your life.

Property Damage

If your property was damaged during an unlawful search, seizure, or other misconduct, you may be entitled to compensation for the repair or replacement of the damaged items.

Punitive Damages

In cases where the police misconduct was particularly egregious, the court may award punitive damages. These damages are intended to punish the offending officers or department and to deter similar misconduct in the future.

Legal Fees

To ease the financial burden on victims, courts may order the police department or city to pay for your legal fees if you win your case. This ensures that seeking justice doesn’t impose additional financial strain.

Pursuing damages in a police misconduct case can be challenging, but our experienced Brooklyn police misconduct lawyers at Sivin, Miller & Roche LLP are here to help. Contact us today for a free consultation to discuss your case and explore your options for seeking the compensation you deserve.

Contact Our Brooklyn Police Misconduct Lawyers Today

If you or a loved one has been a victim of police misconduct in Brooklyn, you have the right to seek justice and hold law enforcement accountable. At Sivin, Miller & Roche LLP, we are dedicated to protecting your rights and fighting for the compensation you deserve. Don’t wait to take action—contact us today for a free, no-obligation consultation. Let us help you navigate this challenging process and work toward securing a fair outcome for your case.

Brooklyn Police Misconduct Lawyer FAQs

What is considered police misconduct in Brooklyn?

Police misconduct involves actions by law enforcement that violate an individual’s constitutional rights or go beyond their lawful authority. Common forms include excessive force, wrongful arrest, racial profiling, illegal searches and seizures, and malicious prosecution. If you believe you have been a victim of any such actions, you may have grounds for legal action.

Can I sue the NYPD for police misconduct?

Yes, you can file a lawsuit against the NYPD if you have experienced police misconduct. However, suing a law enforcement agency can be complex, involving strict legal procedures and deadlines. Consulting with an experienced Brooklyn police misconduct lawyer is crucial to navigating this process and building a strong case.

How long do I have to file a police misconduct claim in New York?

In New York, there is a limited timeframe, known as the statute of limitations, for filing a police misconduct claim. Typically, you have 90 days to file a notice of claim against a city or municipal entity, and one year and 90 days to file a lawsuit. However, specific circumstances can affect these deadlines, so it’s essential to speak with an attorney as soon as possible.

What evidence is needed to prove police misconduct?

Evidence in a police misconduct case may include medical records, photographs of injuries, witness statements, surveillance footage, police reports, and any audio or video recordings of the incident. An attorney can help you gather and present this evidence effectively to strengthen your case.

Can I file a complaint with the police and still pursue legal action?

Yes, filing a complaint with the police department’s Internal Affairs Bureau (IAB) or the Civilian Complaint Review Board (CCRB) is often a necessary step in documenting the misconduct. However, this does not prevent you from pursuing legal action. An internal complaint and a lawsuit can proceed simultaneously.

Will I have to go to court for my police misconduct case?

Not necessarily. Many police misconduct cases are resolved through settlements before reaching trial. Your attorney will negotiate with the city or police department to seek fair compensation. However, if a fair settlement cannot be reached, the case may go to trial, where a judge or jury will decide the outcome.

How much compensation can I receive in a police misconduct case?

The amount of compensation varies depending on the specifics of your case, such as the severity of your injuries, the impact on your life, and the extent of misconduct. Compensation may cover medical expenses, lost wages, pain and suffering, emotional distress, property damage, and, in some cases, punitive damages. Your attorney can help estimate the potential value of your claim.

How can a Brooklyn police misconduct lawyer help me?

A police misconduct lawyer can evaluate your case, gather evidence, navigate complex legal processes, negotiate with the police department, and represent you in court if necessary. At Sivin, Miller & Roche LLP, we are committed to advocating for your rights and seeking the justice you deserve. Contact us today to discuss your case and learn how we can help you.

How much does it cost to hire a police misconduct lawyer?

Many police misconduct lawyers, including those at Sivin, Miller & Roche LLP, work on a contingency fee basis. This means that you do not pay any legal fees unless we successfully recover compensation for you. We will discuss the details of our fee structure during your initial consultation to ensure transparency.