Police Misconduct

Law enforcement officers sometimes misuse or abuse their authority. In many cases, the victims feel powerless and believe that there is no way of obtaining justice. Victims of police misconduct may feel abandoned by the system that is supposed to protect them.

The Law Office of Mark A. Siesel, with offices in White Plains and in Peekskill, New York has represented many clients throughout Westchester County, the lower Hudson Valley, and the five boroughs of New York State who have been the victims of police misconduct. If you have been harmed in an interaction with police, reach out to us for a free consultation to discuss your legal options.

What Is Police Misconduct?

Police misconduct is a violation of the rights guaranteed to you by both the New York State and the United States Constitution. There are specific state and federal statutes and laws which govern exactly what police officers and other law enforcement officials are permitted to do within the scope of their employment. Having a badge is no license to abuse and mistreat anyone. No person should have to tolerate improper conduct by a police officer.

In cases of police misconduct where someone is injured, the victim file a claim and try to hold the officer or officers accountable, and can also seek damages and compensation. Common examples of police misconduct that can lead to a claim include:

• Excessive force. Excessive force occurs when police officers use more force than necessary to handle a situation. This can include physical violence, the use of weapons, or other aggressive tactics that are disproportionate to the threat posed by a suspect.
• False arrest or imprisonment. This involves detaining or arresting an individual without probable cause or legal justification.
• Unlawful search and seizure. This includes conducting searches or seizures without a warrant or probable cause, or violating an individual’s Fourth Amendment rights to privacy.
• Racial profiling. This happens when police discriminate against individuals based on their race, ethnicity, or national origin when stopping, questioning, or detaining them, without reasonable suspicion of criminal activity.
• Failure to intervene. Even when police are not involved in an assault or harm to a victim, they can be held liable when they witness misconduct by fellow officers but fail to intervene or report the violation.
• False statements or fabricated evidence. This type of situation can include officers intentionally providing false information, creating false police reports, or tampering with evidence to support an arrest or conviction.
• Sexual misconduct. Any instance where a police officer engages in inappropriate sexual behavior or harassment can lead to a civil claim.

• Retaliation against whistleblowers. Punishing or threatening officers or civilians who report misconduct within the police force, such as by retaliating with disciplinary actions or harassment, can lead to a legal claim.
• Failure to provide medical care. This situation occurs when officers deliberately fail to respond to a medical emergency in a timely manner. For example, police may arrest someone who has a seizure or medical emergency in the cruiser. In this situation, officers must get emergency medical help for the individual and can be held liable if they fail to act.
• Police brutality. This involves using unreasonable force against individuals who are protesting, are being arrested, or who are otherwise interacting with police. Police brutality can include physical assaults, tear gas, rubber bullets, shooting, and any other form of aggression that is not justified in the situation.
• Abuse of power or authority. In some cases, officers use their position for personal gain, such as extorting money, engaging in corruption, or using authority to intimidate individuals. In these situations, affected victims may have a claim.

Police misconduct can cause long-term consequences for victims. For example, police beatings, wrongful use of firearms, or the use of weapons like tasers, can result in broken bones, lacerations, bruises, and, in severe cases, permanent disability or death. Victims may face physical rehabilitation, surgeries, or even lifetime medical care depending on the extent of the injuries.

Victims of police misconduct also often suffer mental trauma, even in cases where the misconduct did not involve physical force. Victims may suffer from anxiety, depression, PTSD (Post-Traumatic Stress Disorder), and other mental health conditions. The trauma from an abusive encounter can make it difficult for victims to trust authority figures or lead a stable life.

In cases where individuals are wrongfully arrested or imprisoned, they may lose their job, face reputational harm, lose relationships, and incur financial hardships due to time spent in custody or legal battles. Even after release and exoneration, victims often have a hard time returning to work or continuing their career.

Experiencing police misconduct can also undermine a person’s trust in the justice system. This can make it harder for victims to report crimes in the future. In addition, the financial burden from medical bills, legal fees, and other costs related to recovery from police misconduct can be devastating.

How The Law Office of Mark A. Siesel May be Able to Help

Our firm has successfully represented clients in numerous claims against municipalities, law enforcement officers, and police agencies that have violated the rights of individuals. In litigating these cases, we have been able to obtain, through the discovery process, invaluable evidence to support the clients’ cases, such as “Dashcam” videos which substantiate the clients’ claims of overzealous and abusive police officers. Further, with the proliferation of smart phones, there is often video of an arrest and its aftermath from witnesses which can be tremendously helpful in proving cases against the police for false arrest, false imprisonment, wrongful detention and violation of civil liberties by police officers.

The team at The Law Office of Mark A. Siesel also works with investigators, medical professionals, expert witnesses, and other experts who can gather evidence in your case and can testify as to how your injuries could impact you in the future. Our team works to create a strong case so you can pursue justice and fair compensation.

We rely on the authorities to help us when we are harmed by others, so when police are the ones that cause harm, it can be difficult to know where to turn. In these situations, a personal injury attorney with experience in police misconduct cases can support you as you seek justice and compensation for your injuries.

You will also want an experienced legal team because police have many defenses when accused of misconduct. The use of force is very strictly regulated under the New York State Penal Law and other state and federal regulations. The use of force during the course of an arrest is regulated, as is the amount of force needed if force is to be utilized. If the police abuse this power, and litigation is brought in this regard, police officials and their counsel often assert certain defenses such as “qualified immunity.” Qualified immunity only applies in specific situations in which an officer must make a split second decision when there is a risk of harm to the officer, the person being arrested, or other members of the public.

In 2021, a new law was passed that bans officers who are part of the New York Police Department in New York City from using qualified immunity as a defense. The rest of the police in the state still have this defense.

If qualified immunity does apply, and the client is injured, then the officer can avoid liability for his actions, under the theory that he did not have the time to make a considered decision as to his actions. However, in our experience in litigating “excessive force” cases, often the defense is not applicable, as there was no appreciable risk of harm to person being apprehended, the officer, or bystanders.

Filing a Claim in a Police Misconduct Case

In addition to the physical injuries suffered by the clients, police misconduct, false arrest, false imprisonment, and excessive force cases often involve psychological injuries as well, due to the embarrassment, humiliation, mental and emotional distress, and it is essential that you retain counsel who have the experience, background and dedication to obtain compensation for psychological injuries which are often more devastating and long term than the physical injuries suffered by the client.

If you, a friend, or family member, have been the victim of misconduct by law enforcement officers, contact us online to schedule a free initial consultation to discuss your case in detail.