Police Assault / Battery
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.