Police misconduct has certainly become a popular topic in the media as of late. Ultimately, police misconduct refers to the denial of basic constitutional rights, excessive use of force (otherwise known as police brutality), racial profiling, illegal search and/or seizure, as well as unnecessary use of tasering. Police brutality has certainly become the most prominent form of police misconduct in everyone’s minds, with one recent national study reporting “a total of 337,590 use of physical force incidents among State and local law enforcement agencies”.
The two most high-profile instances of police brutality, as of light, are the horrifying murders of George Floyd and Breonna Taylor by negligent police officers. George Floyd was arrested by four Minneapolis police officers, with one of the officers kneeling on his neck for many long minutes as Floyd pleaded for his mother and repeating the phrase “I can’t breathe”. Breonna Taylor, an emergency medical technician, was asleep in her bed when she was shot and killed by Louisville police officers who broke into her home without knocking or announcing their arrival to those inside. While these are certainly an example of the most frequent types of police misconduct in the news today, it is not the only kind of police misconduct.
The act of unnecessary use of a taser can lead to the death of an individual who did not need to be detained through the use of such force. Other examples of excessive use of force can occur when an officer feels the need to physically subdue an individual, leading to serious injury or death that could have been preventable. The denial of protesting is an example of constitutional rights being denied.
If you feel that you or someone you know has suffered from police misconduct, you have the right to file a lawsuit against the guilty parties. If you are going about filing a lawsuit against a police department such as the NYPD, you must file a Notice of Claims with the city’s Comptroller’s Office within 90 days of the occurrence. There are many steps in legal process for filing a lawsuit against the police, and so it is best to get started early and with the help of a legal team you trust. Call Jon K. Davis, PC, at (516) 730-3446 or send us an email to discuss your legal options.