New York Civil Rights Lawyers Tackle Police Misconduct
Helping victims seek damages for due process violations
You have a right to expect professionalism from every law enforcement officer you encounter. Unfortunately, many New Yorkers have exactly the opposite experience. They face officers who act improperly and, under the color of authority, violate the Constitutional rights of citizens and lawful residents. If you have been the victim of police misconduct, Rubenstein & Rynecki can provide the aggressive representation you need. We have won numerous recoveries for our clients who have suffered under abusive police and prosecutor practices, including:
- $175,000for wrongfully arrested Florida man
- $400,000for telephone repairmen roughed up and falsely arrested by traffic cops
- $75,000for photojournalist, falsely arrested while trying to photograph police misconduct
We can evaluate your case for free and, if there is a basis for a lawsuit, fight vigorously to obtain the compensation you deserve.
Have you been a victim of police misconduct?
In a free society, people must be free from threats and harassment by those in authority. That’s why our Constitution and our common law set limits on the actions police can take, based on:
- Reasonable suspicion — Police cannot detain a person (as in a “stop and frisk”) unless some fact would lead a reasonable person to suspect they might have committed a crime.
- Probable cause — Police cannot arrest a person unless some fact would lead a reasonable person to believe it was more likely than not they had committed a crime.
- Court-issued warrants — In most cases, police cannot search a home or a vehicle unless they have a search warrant signed by a judge.
- Exigency — The law gives officers limited leeway to act without a warrant when going through the warrant process would allow time for a crime to be committed or evidence to be destroyed.
- Miranda rights warnings — The law requires arresting officers to read a suspect a list of Constitutional rights, including the right to remain silent and to call for an attorney.
When law enforcement fails to observe these rules, miscarriages of justice result. Abuse of power violations include:
- Unlawful arrest
- False imprisonment
- Illegal search and seizure in violation of the Fourth Amendment
- Compulsion in violation of the Fifth Amendment
- Denial of counsel in violation of the Sixth Amendment
- Assault and battery
- Malicious prosecution
- Excessive force or police brutality
The laws governing police procedure are complex, and it’s nearly impossible to sort out a matter of police misconduct in the moment. In fact, any attempt on your part to prevent the police from acting may be interpreted as resistance, causing the incident to escalate to a tragic end. No one wants their civil rights infringed. No one wants to be unlawfully detained or arrested without probably cause. However, even if you are in the right, you should not resist arrest. Cooperate with the police, and then contact your attorney to sort out the matter professionally in a controlled environment.
What damages can a plaintiff get from a police misconduct lawsuit?
Damages in a police misconduct lawsuit vary according to the severity of the violations and the nature of your injuries. You can receive compensation for:
- Property damage
- Lost earnings
- Future lost earnings
- Medical bills
- Pain and suffering
- Emotional distress
A court may award aggravated damages if the police act in a high-handed, rude or aggressive manner. The court uses exemplary damages in cases where the police conduct was oppressive, arbitrary or unconstitutional. These are intended as a deterrent to any future wrongdoing on the part of law enforcement.
Contact our civil rights attorneys for police misconduct cases in New York
If the police infringed on your Constitutional rights, you should talk to an experienced civil rights attorney. At Rubenstein & Rynecki, we are committed to protecting our clients from police misconduct and working to ensure that such incidents do not go unpunished. To learn how our knowledgeable attorneys can manage your case, schedule a free consultation by calling us at 718-522-1020 or contacting our office online.