In 2021, New York City became the first major city to ban qualified immunity for police officers. Banning qualified immunity allows individuals to sue law enforcement officers who violate their rights under the state constitution.
The end of qualified immunity means that victims have recourse if police use excessive force against them during an investigation or an arrest. If you’ve had an encounter with the police, it’s important to understand how excessive force laws work and how they might impact you.
What is excessive force?
Excessive force is also known as “police brutality.”
A police officer is guilty of using excessive force whenever they use more than is “reasonably necessary” under the circumstances. The courts would ask themselves whether a different reasonable police officer would have acted similarly in the same circumstances.
According to the Civilian Complaint Review Board (CCRB), there were a total of 4,426 complaints filed against officers in 2020. NYPD’s own internal records record over 2,000 incidents for the Fourth Quarter of 2022 alone.
Examples of Excessive Force
In 2020, reports found that nearly 150 NYC police officers committed misconduct, including the use of excessive force, during the George Floyd protests.
One officer drove a police vehicle into the crowd and knocked protesters to the ground. Another pulled down a protestor’s Covid mask and pepper sprayed him in the face. Several officers tackled protestors and hit them in the head with batons.
There were a total of 140 claims of excessive force from the protests alone.
Of course, the murders of George Flloyd and Eric Garner themselves also provide egregious examples of police brutality.
Examples of specific actions police officers may take when committing acts of excessive force include:
- Kicking or beating a person’s head or face with batons
- Beating a suspect who is already handcuffed
- Chokeholds
- Punitive uses of Tasers or pepper sprays
- Allowing police dogs to maul a suspect
- Shooting an unarmed suspect
NYPD reports have seven categories: firearms, electrical weapons, impact weapons, OC spray, and physical force.
Claiming Damages for Excessive Force
If your claim is successful, you may be eligible to receive damages for medical expenses, lost wages, pain, and suffering. But you must act fast. You must file a Notice of Claim with the City Comptroller within 90 days of the incident or have an attorney file one on your behalf.
It’s also vital to get an experienced excessive force lawyer on your case quickly because evidence has an unfortunate habit of disappearing if lawyers can’t get to it fast enough.
If NYPD has victimized you or a loved one, don’t delay. Contact this office to get help today.
See also:
False Arrest and Malicious Prosecution
NYC Announces Solitary Confinement Compensation Fund