Have you or a loved one experienced police misconduct such as excessive use of force or lost a loved one who was killed by the police? The team at Hacker Murphy can help you seek justice.
Tragically, there have been too many cases across the U.S. and here in New York of police brutality, excessive force and unlawful shootings. But victims of police misconduct do have recourse, through certain legal remedies, and we know how to use them effectively.
Although the terms “police brutality” and “excessive force” do not appear in the U.S. Constitution, the concepts underlying the terms are expressed in several places:
- The Fourth Amendment prohibits unreasonable search and seizure (of a person, as well as of property)
- The Eighth Amendment prohibits cruel and unusual punishment
- The 14th Amendment prohibits depriving anyone of life, liberty, or property without due process of law
Any of these provisions can provide the basis for legal action against the police.
The Hacker Murphy team has won many cases involving police misconduct and millions of dollars in compensation for clients. Read about a few recent and notable cases:
- Ellazar Williams settlement ($3 million), City of Albany, 2024
- Vebra Moore settlement ($250,000), City of Schenectady, 2020
- Mario Gorostiza and Armando Sanchez settlements ($165,000), City of Albany, 2019
- Brody Shea settlement ($440,000), City of Schenectady, 2016
It helps to know the code (of law)
The most often sought remedy for the use of excessive force by police is known as Section 1983 of the U.S. Code, which allows a person to file a civil lawsuit against state and local government officials. A 1983 claim is a complaint that your civil rights have been violated by someone acting under the “color of law,” which would include an on-duty police officer under almost any circumstances.
You may seek injunctive relief (a court order demanding that the defendant do or refrain from doing something), or seek monetary damages from the police and the city government. If the victim died as a result of police use of excessive force, a claim can be filed on behalf of the victim’s family and the probate estate.
Consult an attorney before you file a claim for money damages – one key reason being that your claim might deserve more financial restitution than you realize. You might be entitled to compensation for:
- Medical bills
- Past, present, and future lost earnings
- Loss of liberty arising from the civil rights violation (i.e. false imprisonment)
- Pain and suffering
How cases are judged
Civil rights cases that arise from the excessive use of force by police are assessed on a case by case basis through a process called the “totality of the circumstances” test. Factors that may be taken into consideration include:
- The severity of the victim’s crime (if a crime was committed at all)
- Whether the victim presented an immediate threat to others, including but not limited to the officer;
- Whether the victim was resisting arrest or trying to escape;
- Whether other alternatives to the amount of force used were available
- Whether the officer warned or could have warned the victim
The court also tends to give officers the benefit of the doubt due to the rule of qualified immunity.
A delicate balance
Qualified immunity is a legal rule that protects police officers and other public officials from being personally sued for monetary damages for actions while on the job unless they violated an individual’s “clearly established” rights. Although this makes it more difficult to successfully sue police officers, its purpose is to prevent public officials from being too hesitant to perform their duties due to fear of civil liability and being sued.
Some progress on reforming the system
In recent years, New York has enacted a number of legal reforms designed to prevent the abuse of power by the police by enhancing transparency and accountability and addressing systemic issues within law enforcement.
- In June 2020, New York Governor Andrew M. Cuomo signed several bills including:
- Banning “chokeholds” by police under any circumstances
- Repealing a statute that allowed New York police officers to conceal their disciplinary history from the public
- In March 2021, the New York City Council passed a comprehensive police reform resolution including legislation eliminating the qualified immunity defense for certain civil rights violations.
If you or someone you love has suffered from police misconduct, Hacker Murphy is here to represent you, no matter what your circumstances. Contact us for a free consultation to discuss your case.