Police Misconduct Law

What is a lawsuit?

A lawsuit is a way for people who have suffered from Police Misconduct to hold the Police accountable for their actions. In each and every lawsuit, a Plaintiff claims that he or she has been damaged by others. You are always the Plaintiff; the police officers who mistreated you, the NYPD, New York City, and possibly others are referred to as the Defendants. The Plaintiff seeks a remedy for the damages he or she has suffered — in this instance, money for the injustices you have endured at the hands of the police. Filing a lawsuit is a complex, lengthy process. In order to obtain the money to which you may be entitled, you need a resourceful, knowledgeable, experienced New York City Police Misconduct law firm like PetersonDelleCave LLP to lead you through the process of filing and presenting your case.

Police Misconduct Law

When your attorney files your lawsuit, he or she will refer to the specific laws the police violated when they falsely arrested you, pursued a malicious prosecution against you, or treated you with excessive force. These are the State and Federal laws under which your police misconduct case will proceed:

New York State Law

Article 1 of the New York State Constitution lists the rights of all individuals in the State. These include the right not to be discriminated against “because of race, color, creed or religion […] by the state or any agency or subdivision of the state” (Section 11); “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures” (Section 12); and “the right […] to recover damages for injuries resulting in death” (Section 16).

If you have been subjected to a false arrest, the police have violated at least one of those constitutional rights.

Federal Law

Federal civil rights lawsuits arising from police misconduct are brought under a law called 42 U.S.C.S. 1983, or “Section 1983.” Basically, this law states,

Every person who, under color of any statute […] of any State or Territory […], subjects, or causes to be subjected, any citizen of the United States or other person […] to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress[.]”

In other words, Section 1983 says that if someone is deprived of his or her rights by a government official, that person has the right to sue for monetary or other damages.

NYPD Civil Rights Law Developments