Phillips & Associates

Police Assault / Battery

Civil Rights Attorneys Committed to Helping New York City Residents

Police assault and battery in New York is a serious problem. Although law enforcement officers have broad latitude to carry out their duties, they must avoid putting someone else at risk of unreasonable harm. If you are a victim of excessive force in the form of assault and battery, you may be entitled to sue the police and the city for compensation for your injuries. At Phillips & Associates, our civil rights lawyers pursue justice for New York City victims of police misconduct, including assault and battery.

Police Assault and Battery

Police assault and battery is one of the most common types of excessive force or police brutality. Actions such as punching, kicking, beating, choking, or throwing a victim can be classified as assault and battery. Sometimes the victim is restrained in handcuffs or held down by officers, and so he or she cannot move to lessen the impact of blows or kicks. Both a law enforcement officer and his or her employer, the city, can be held liable for the injuries and damages that arise out of an assault and battery.

If you are bringing a claim for police assault and battery against the city, your attorney will need to serve a notice of claim on the city under the General Municipal Law §50-e(2) within 90 days after the assault and battery. The exception is for wrongful death cases, in which situation the 90-day period runs from the date a representative of the decedent's estate is appointed.

The notice of claim should state the nature of the claim, when and where and how the claim arose, and any injuries suffered or items of damages. Generally, your attorney will need to make all your claims within the notice of claim. Any causes of action against the police officer or city that are not listed in the notice may be summarily dismissed.

In assault cases, a defendant police officer may argue that the amount of force used was necessary or may claim that you initiated a violent confrontation. However, police officers can use only as much force as a reasonable police officer would use under the same circumstances.

Injuries from assault and battery may include not only physical injuries but also emotional injuries, such as severe depression, PTSD, or insomnia. You may be able to recover compensation for these injuries, as well as lost wages, medical bills, lost wages, permanent disability, and pain and suffering.

Seek Legal Representation in New York City for a Claim of Police Misconduct

Police assault and battery can result in severe injuries or a wrongful death. Sometimes the city and other law enforcement officers protect the individual responsible or trump up charges in order to avoid accountability. It is important to act quickly and consult a knowledgeable civil rights attorney after police misconduct in New York City. As noted above, there is a limited window of time within which to give notice that you have a claim against a police officer and the city, and thereafter there are multiple strict deadlines. At Phillips & Associates, we offer experienced representation for those whose rights have been infringed in all five boroughs of New York City, including Brooklyn, Queens, and Manhattan. Call us at (212) 248-7431 or arrange an appointment through our online form.

Client Reviews
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Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
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Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen