Police misconduct generally is separated into: false arrest, malicious prosecution and excessive force
Q: How do I know whether I’ve been a victim of false arrest?
A: When the police had no legal right to arrest you.
A: A false arrest has occurred when:
- Probable cause was absent leading up to the arrest – in other words, the absence of facts and circumstances that would lead a reasonably intelligent and prudent person to believe that a crime has been committed, is being committed, or is about to be committed.
- If you have been arrested without probable cause, then according to United States and New York State laws you have been deprived of your civil, constitutional, and statutory rights.
- More specifically, the police have deprived you of your right to be “free of unreasonable searches and seizures,” as stated in the Fourth and Fourteenth Amendments to the United States Constitution.
People are victims of false arrest every day in New York City, and many of these victims never realize that their civil rights have been violated: they are left humiliated and embarrassed by their experience, but they do not file claims against the NYPD. Police officers sometimes abuse their position of authority, intimidating the individuals they have mistreated in order to avoid facing consequences for their actions - actions that often leave the victim in jail, inconvenienced for long periods of time, or with a damaging criminal record. This can later lead to difficulties for the victim in areas such as immigration and employment.
Q: How do I know whether I’ve been a victim of Malicious Prosecution?
A: The Police had no reason to bring and continue criminal charges.
A: You are a victim of a Malicious Prosecution if:
- You have had court proceedings (i.e. a criminal case) initiated against you;
- This case against you must have been terminated in your favor;
- Your attorneys must establish the absence of probable cause for the criminal charge that was filed against you.
Q: How do I know whether I’ve been a victim of Excessive Force?
A: The Police used unnecessary force against you.
A: Excessive Force occurs when Police Officers use anything more than the minimum necessary force in the course of an arrest. This may include, but is not limited to:
- Inappropriately using deadly force, such as a firearm;
- The use of a choke hold or any other restriction of breathing through pressure on the windpipe;
- Sitting or standing on the chest to gain compliance;
- Using unnecessary force after handcuffs have been applied.
If you believe that you are a victim of any a false arrest, you need an experienced civil rights law firm like PetersonDelleCave LLP to skillfully construct your case in order to pursue compensation.
PROCEEDING WITHOUT THE ADVICE OF AN ATTORNEY MAY SERIOUSLY INHIBIT YOUR ABILITY TO ACHIEVE JUSTICE FOR THESE COMPLICATED INFRINGEMENTS OF YOUR RIGHTS.
– GET HELP NOW –
Who Investigates Police Misconduct?
CCRB: Civilian Complaint Review Board
The Civilian Complaint Review Board is a board of civilians independent from the NYPD that is appointed by the Mayor of New York City, the New York City Council, and the Police Department whose job is to receive and review complaints made by citizens against NYPD officers. It was set up in the 1980s as the City’s first independent body with the power to investigate allegations of police misconduct.
Complaints must be filed with the CCRB within 18 months of the alleged incident, and can be made by phone (1-800-341-CCRB), online at https://www.nyc.gov/html/ccrb/html/complaint.html, or in person either at the CCRB office at 40 Rector Street, 2nd Floor, New York, NY 10006 or at any NYPD precinct.
After your complaint has been submitted, the Board will review the facts stated in your complaint, interview the officer(s) involved, and decide whether to discipline the officer(s) as a result of the complaint.
Regardless of whether the CCRB disciplines the officers involved in your case, filing a complaint with the CCRB can be very helpful to your attorney as he or she prepares to file your lawsuit against the NYPD: your lawyer can get a copy of the report, which will contain a transcript of any interviews conducted by the Board regarding your complaint – including with the police officers who mistreated you – as well as many of the facts investigated in the report. This information can be extremely helpful in constructing an effective false arrest, excessive force, or malicious prosecution case against New York City and the NYPD.
IAB: Internal Affairs Bureau of the NYPD
Famous Police Misconduct Cases
The IAB was set up in 1997 and is a unit within the NYPD dedicated to investigating police misconduct and corruption in the police force.
The best way to lodge a complaint with the IAB is through the New York City Commission to Combat Police Corruption, available at (212) 487-7350 on weekdays, or in writing to:
New York City Commission to Combat Police Corruption
17 Battery Place, Suite 327
New York, NY 1000
The Commission will receive your report and forward it to the IAB for investigation and review. Complaints can also be made directly to the IAB’s 24-hour complaint center at (212) 741-8401.
– GET HELP NOW –
RODNEY KING - Excessive force
In 1991, Rodney King, an African-American male, was arrested for DUI and resisting arrest. In the course of the arrest, officers of the LAPD hit him with batons 56 times, causing 11 skull fractures. The subsequent acquittal at trial of the officers involved sparked the LA riots of 1992 that caused over $1 billion of property damage in the city. Mr. King was awarded $3.8 million damages in his civil case against the city.
AMADOU DIALLO - Excessive force, Wrongful death
In 1999, African-American man Amadou Diallo was shot by the NYPD in the Bronx as he supposedly reached for a weapon - which turned out to be his wallet. The officers were later found to have fired a total of 41 shots at the unarmed victim, who died instantly. The officers were acquitted of all charges, but in a civil case against the city Amadou’s family won $3 million in damages.
SEAN BELL - Excessive force, Wrongful death
In 2006, Sean Bell and several friends attended his bachelor party at a club in Queens. After they left the club, undercover NYPD Officers who were conducting an unrelated investigation fired 50 shots into their vehicle, even though there was no evidence of a gun on the suspects. Mr. Bell was killed and two others were permanently injured. The victims were awarded damages in excess of $7 million.
ABNER LOUIMA – Excessive force, Violation of Civil Rights
Abner Louima was arrested coming out of a Brooklyn nightclub in 1997 and was forcibly sodomized in a New York jail by two NYPD officers. One of the Officers, Justin Volpe, was tried and sentenced to 30 years in prison without the possibility of parole. Mr. Louima was awarded $8.75 million in damages.
- Police Misconduct Law
- FAQs: Frequently Asked Questions
- How Do I Sue The Cops?
- NYPD Civil Rights Law Developments
- NYPD Prosecutor Role for Low-Level Offenses: Summons Instead of Criminal Court
- Brooklyn Man Released After Twenty Years in Prison – NYPD Evidence Withheld
- Three Chicago Police Officers Charged with Conspiracy in Relation to Fatal Shooting
- NYPD Officer Charged with Murder for Shooting of 66-Year-Old Mentally Ill Women
- NYPD Finally Initiates Body-Camera Program
- The Call to Close Rikers Island
- NYC Settles Stop-and-Frisk Suit: NYPD to Stop Targeting Minority Apartment Buildings
- NYPD Announce Police Training Complex Renovation & Move to Adopt Body Cameras to Combat Allegations of Excessive Force and False Arrest by NYPD Officers
- NYPD’s False Arrest Tactics Result In $75 Million Settlement
- Shooting of 66-year old Woman Once Again Raises Questions About NYPD’s Use of Firearms & Training of NYPD Officers in the Use of Non-Deadly Force
- Scandals Continue to Rock NYC Corrections Officer on Rikers Island: New York City Settles Inmate Lawsuit for Record Amount
- Calls to Improve NYPD Officers Medical Training
- Bill Bratton Steps Down As New York Police Department Commissioner
- Death of Freddie Gray: Illustrates Need to Bridge the Gap Between Police Departments and Minority Communities
- Harvard Professor Studies Racial Bias By Cops In Their Use of Excessive & Lethal Force
- Further Delays in Eric Garner’s Investigation: Accountability of NYPD Officers Could Change with the Increased Use of Cell Phone Cameras
- NYPD Introduce New Tactics to Reduce Use of Excessive & Lethal Force
- Changes In NYPD Tactics Reduce Court Caseload & Stop-and-Frisk Numbers… But Scandals Persist
- Teenager Shot Dead By Chicago Police Officer - Chicago PD withhold Video Footage Prompting Accusations of a Cover-Up and Police Misconduct
- NYPD Officer Faces Prison Sentence After Lying to Cover Up False Arrest
- Top NYPD Civil Rights Cases in New York City
- NYPD Officers Guilty of Making Verifiably False Statements
- NYPD Reforms Introduced to Stem the Tide of Police Misconduct
- NYPD Deny Existence of Unlawful ‘Arrest-Quota Policy’
- Spotlight Falls on Big City Police Departments Over Excessive and Deadly Force
- NYPD: Racism And Its Affect On Police Misconduct
- Allegations of Police Brutality and False Arrest Dog NYPD & NYPD Commissioner William J. Bratton
- Complaints of Inmate Brutality Force Policy Change on Rikers
- NYPD Police Brutality Continues Despite Cell Phone Recordings
- 'Ferguson Incident' Highlights Racial Issues In United States Judicial System & Police Departments
- Allegations of Police Brutality Arise in Shooting of an Unarmed African American by a White Police Officer in Ferguson, Missouri
- Civil Rights Case Against NYPD Settled For $10 Million
- Tragedies in Rikers Raise Questions About NYC Department of Corrections Officers
- Racial Inequalities Still Evident in the New York County Criminal Justice System
- NY State Agrees $3 million Settlement for Wrongfully Convicted Man Who Spent 15 years Behind bars
- NYPD Arrest Strategy Questioned After Eric Garner’s Death By Chokehold
- Brooklyn District Attorney Proposes to Curb Prosecutions in NYPD Marijuana Arrests
- NYPD's Twitter Iniative Triggers Police Brutality Photos
- NYPD Settles Central Park Five Case
- When Can NYPD Enter Your Home Without a Warrant?
- ‘Stop & Frisk’ Policy Reversed - NYPD to Stop Threatening Young African Americans and Latinos
- NYPD Agrees to Settlement of $18M in False Arrest Class Action Lawsuit
- NYPD Civil Rights 1983 Plan to Continue In SDNY Through 2014
- Times Square Shooting Raise A New Set Of Questions Regarding NYPD Use Of Deadly Force
- NYPD Loses ‘Stop and Frisk’ Law Suit – New York City Forced to Retain Oversight Through a Monitor and Purge Database of Names
- Second Chance for Victim in NYPD “Excessive Force” Case
- Civil Rights Claims Against NYPD Are At an All Time High
- Closing Arguments Made in New York ‘Stop and Frisk’ Class Action
- Blacks More Likely than Whites to be Arrested for Pot in NYC
- Civil Rights Attorneys Criticise SDNY 1983 Plan
- Jackson V. Seewald: Immunity For Prosecutors? Not So Fast…
- Ligon V. City Of New York: Important Part Of NYPD Stop And Frisk Program Declared Likely To Be Unconstitutional
- NYPD Fights Back: New York City Law Department Announces New Unit Focused On Defending Police Misconduct Cases Filed in State Court
- Cell Phone Use In Court? Federal Civil Rights Lawsuit Against Brooklyn Court Officers Will Proceed
- Queens Prosecutors’ Interview Program Violates Defendants’ Civil Rights: People v. Dunbar
- NYPD Rebuffed: Journalists In 'Central Park Five' Documentary Are Protected From City Lawyers' Subpoena For Video Outtakes
- NYPD Loses Several High Profile Police Brutality Cases
- NYPD Cop Arrested After Surveillance Footage Shows He Lied Under Oath
- NYPD Officer Found Guilty of Manslaughter
- NYPD Officers Falsely Arrest NBA Player and US Tennis Star
- NYPD Officer Arrested After Surveillance Footage Showed He Lied Under Oath
- NYPD Officers’ Assault of Postal Workers Keeps Issue of NYPD’s Use of Excessive Force in the Spotlight
- Corruption Scandal Hits The NYC Department of Corrections - Again