Our Experienced Brooklyn False Arrest Attorneys Explain Some Important Things You Need To Know If You Believe Your Civil Rights Were Violated.
Every person is entitled to important Constitutional protections when dealing with the police. Although the police do have the power to arrest, there must be a legal basis to do so. There are also important limitations on the amount of force that the police can legally use. If you believe your rights were violated, contact our experienced Brooklyn false arrest lawyers, false imprisonment and excessive force attorneys for more information.
What Can I Do If I Believe My Civil Rights Were Violated By the Police In Brooklyn?
There are several different types of claims that can be filed against the police if you believe your civil rights were violated. Specifically:
- False Arrest, occurs when a law enforcement officer detains a person without proper legal authority;
- False Imprisonment, occurs when an individual is confined, and their freedom to leave restricted;
- Excessive Force, occurs when the amount of force is disproportionate to the circumstances at hand;
- Unjust Convictions, the criminal conviction of an innocent person.
Are There Time Limits To Filing a Brooklyn False Arrest Case?
False arrest, false imprisonment, and excessive force claims are usually made against municipal defendants like the New York City Police Department. Unlike private defendants, claims against municipal defendants must be filed within 90 days of the incident. Specifically, you are required to file a legal document called a Notice of Claim that contains specific information about the nature of the claim, and the damages alleged. Once filed, the municipality has the right to conduct a hearing, called a 50h hearing, to gather information about the case. Additionally, the statute of limitations for claims against a municipality are shorter than claims against private defendants.
What Can an Attorney Do for Victims of False Arrest, False Imprisonment, or Excessive Use of Force?
One of our experienced Brooklyn false arrest attorneys will evaluate the details of your false arrest or false imprisonment and determine whether or not you have a viable case. The end goal is a monetary award to compensate you for damages and suffering, as well as medical bills, court costs, and lost wages. In New York, such claims seek to compensate the victim for tangible losses, as well as mental and emotional distress endured. Often, such claims are settled without going to trial. Compensation in police misconduct cases is complicated and impossible to predict, as the jury and judge have broad discretion in deciding the final award. However, a sampling of false arrest claims shows that juries are often rather generous on behalf of victims of false arrest and false imprisonment, in addition to awarding punitive damages at times.
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If you have any questions for our Brooklyn false arrest attorneys, you can contact our office by email or calling (800) 762-9300. You can also simply fill out one of our false arrest case intake forms and one of our attorneys will get right back to you.