New York Civil Rights And Criminal Defense Lawyers

Police Misconduct

Rochester lawsuit seeks to stop community victimization by police

Police misconduct and brutality are grim encounters where the law oversteps its authority, but the problem might go deeper. Efforts to reduce these encounters or reform police culture represent a constant battle between communities and their law enforcement. According to ABC7 NY, a potentially class-wide suit accuses officials and law enforcement of a deliberate indifference towards a culture of police brutality. Protecting property — policing people The plaintiffs of the lawsuit believe a recent reform plan lacks substance and ignores past proposals from the Police Accountability Board....

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Police misconduct during the George Floyd protests

The protests against police brutality in New York City generated their own conflict and controversy. This centered on allegations by various parties against the NYPD for mishandling security for the demonstrations. The investigations into police misconduct face a unique set of challenges. Sources close to the issue say this is due to a combination of remote working, non-cooperation and identification challenges. A challenging situation Even in the best situation, pursuing and substantiating a case of police brutality might face resistance from within the NYPD. In the case of the George Floyd...

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Why does excessive force continue to be an issue?

After a recent news story about police fighting with a suspect in the subway, the topic of police brutality is at the forefront again. In this instance, according to the New York Post, a man was smoking in the subway when officers approached him, and he reacted in a way that led to aggressive actions on behalf of officers. According to law enforcement in this situation, the excessive force used was necessary. They say it was a response to aggressive actions by the suspect, which included spitting and hitting. However, there is video proof of the altercation that shows none of those actions...

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What is unreasonable force?

The media has been busy splashing images of police brutality on televisions and computer monitors all across the United States. However, understanding what actually constitutes police violence both on our city streets and in our prisons is a key element in stopping it. Much hinges on the definition of “unreasonable force.” According to Findlaw, the conversation surrounding unreasonable force has its roots in the Supreme Court case Tennessee vs Garner. What was Tennessee vs. Garner about? In this case, a police officer shot an unarmed teenager while the teenager was running away from a house...

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Man files civil rights lawsuit after alleged police misconduct

In New York and across the nation, people are increasingly emboldened to protest when they are victimized by illegal behaviors on the part of law enforcement. Even with the prevalence of cellphone cameras and other methods to record when there are civil rights violations due to police misconduct, it still happens on a regular basis. Fortunately for victims, there are alternatives to seek compensation for the mistreatment. One recent case serves as an example as to what can happen if police cross the line into illegal behavior when on a call. NYPD officers allegedly beat and arrest man after...

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Police misconduct continues to plague New York City

Police brutality and misconduct has become an all too common occurrence across our country, but it is just now getting the attention it deserves. For years, innocent New Yorkers have been subjected to unfair, discriminatory, and hurtful practices that jeopardize their rights. One would think that the magnifying glass that is currently hovering over the issue of police brutality would deter officers from acting in an unjustifiably violent fashion, but this sadly isn't the case. You don't need to look outside of our city for an example. Mere weeks ago, two New York City police officers took...

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NYPD disciplinary records will no longer remain in the dark

The New York Police Department will no longer be able to hide records of officer misconduct from the public. The state’s governor recently signed into law a bill repealing 50-a, a decades-old policy that let police departments keep discipline and misconduct records secret. This repeal was effective immediately upon its signing on June 12, 2020, and was brought forward as part of a larger law enforcement reform package. “We know this isn’t a cure,” said one of the state senators behind the repeal bill. “We know that this is the beginning, but it’s a move to bring justice to a system that has...

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What are your rights when stopped by the police?

Being stopped by the police can be overwhelming and alarming which is why it is essential for anyone stopped by police officers to be familiar with their rights. By being familiar with  their rights, those who have been stopped by police will have the knowledge they need to  protect themselves in a difficult situation. Citizens in New York have important protections and rights when encountered by police including: The right not to speak to police officers – when an individual has been stopped by police, they are not required to answer questions the police ask them and in New York are not...

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New York law protects police disciplinary records

Recent events have raised concerns about police discipline all across the country. New York City has seen its share of police misconduct cases, including cases resulting in one or more deaths. A key difference between the Floyd case and analogous New York cases is the fate of the officers’ disciplinary records. In Minnesota, the records are public; in New York, the records are confidential. The key statute is Sec. 50-a of the New York Civil Rights law. This statute says that “all personnel records used to evaluate “performance . . . or promotion” shall be considered to be “confidential and...

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What should you know about police misconduct?

If there is anything that scares you, it's the idea of the authorities going beyond their job description and harming others. You want to know that you can rely on the police and believe that many of the officers you see are good people. Unfortunately, with more and more cases of police brutality and misconduct coming out in the news, it's hard to keep the faith that an officer you come into contact with will be respectful to you and won't overstep their boundaries. There are many different examples of police misconduct such as: False arrest Reckless driving Using excessive force Sexual...

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