Here we take a look at what police misconduct is, the impact of misconduct on the part of police officers on people’s lives, the prevalence of misconduct in police departments, including in the New York City police department, the rights of individuals, and what avenues are available to you if you’ve been a victim of law enforcement misconduct.
Types of Police Misconduct
While policing is hard work, there are some law enforcement officers, unfortunately, that feel they are above the law and commit various forms of police misconduct. From corruption to excessive force, police harassment, sexual assault, false arrests, discrimination, concealing or destroying evidence resulting in wrongful convictions, and police brutality, police misconduct in recent years has grabbed the nation’s attention, including in New York City.
Let’s review some of the police misconduct that takes place:
Excessive Force: Officers are only permitted to use reasonable force when attempting to defuse a situation, make an arrest, or protect others or themselves. Excessive use of force can be defined as any action or procedure exceeding a law enforcement officer’s established force limits against a civilian during an arrest, probation, parole, or other related duties. Such use of force may result in serious injuries or death from actions such as chokeholds, rubber bullets, and baton blows, among others.
Police Harassment: This occurs when a police officer stops someone arbitrarily or repeatedly. Officers may question an innocent person aggressively or conduct an illegal or unwarranted search and seizure, known as a “stop and frisk,” without a legal basis. Police harassment can include:
- Illegal detention
- Illegal search and seizure
- Use of excessive force
- Racial profiling
- Illegal “stop and frisk” without objectively reasonable suspicion
- Making sexist, racist, or homophobic comments
- Sexual harassment
- Intimidation
- Surveillance abuse
- Political repression
- Off-duty harassment
- Intentional false arrests
Police Brutality: The use of tactics, generally violent, by police that is unwarranted and violates a person’s civil and human rights.
The Fallout from Police Misconduct
We have seen police misconduct and police brutality by police officers play out time and again. There have been several high-profile cases in recent years, including the killing of George Floyd by law enforcement officer Derek Chauvin when he took a knee to his neck; the death of Eric Garner in New York City after a police officer placed him in a chokehold when Garner refused to be handcuffed for allegedly selling loose, untaxed cigarettes; the death of Freddie Gray, a 25-year-old Black man who died after he suffered a spinal injury while in police custody, handcuffed and shackled in a Baltimore police van; and many others.
Addressing Police Misconduct under the Law
Both criminal and civil statutes address police misconduct under federal law. Several offices within the Justice Department (DOJ) are responsible for enforcing the laws. The DOJ can bring a case (via litigation or administrative investigation) against a governmental authority or law enforcement agency for police misconduct. In a criminal case, the evidence must establish proof “beyond a reasonable doubt.” In a civil case, the evidence must only satisfy the lower standard of “preponderance of the evidence.”
The Civil Rights Act and the “OJP Program Statute“ (Office of Justice Programs) prohibit state and local law enforcement agencies that receive DOJ funding from discriminating based on race, color, national origin, gender, or religion. Harassment or use of racial slurs, discriminatory arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, discriminatory use of force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers are examples of misconduct covered by Title VI and the OJP Program Statute.
Under these laws, the DOJ may seek changes in the agency’s policies and procedures to remedy violations of these laws and individual restitution for the victim, if appropriate. Individuals may sue under these statutes.
Taking Legal Action: Contact an Attorney Experienced in Police Misconduct Cases
If you or a loved one has been the victim of police brutality, discrimination, harassment, or a false arrest, you may be entitled to compensation for your pain, suffering, medical expenses, and other damages. Work with a law firm experienced in handling police misconduct cases, including against some of the largest police departments in the country.
New York City lawyers Ronemus & Vilensky assist victims in police brutality, misconduct, false arrest, and other police-related incidents. For example, in 2020, a Bronx family man was shot and killed by cops after being pulled over for a routine traffic violation. We filed a $350 million lawsuit against the city and the police department on behalf of the family.
Contact our law office to discuss your specific case. We provide free consultation and are experienced and successful in achieving justice, settlement payouts, and monetary awards for damages.
