Know Your Rights: When Can a Police Officer Go Too Far?

In 1989, the United States Supreme Court carried out a pivotal ruling on the use of excessive police force in the case of Graham v. Connor, 490 U.S. 386 (1989). This ruling stated that officers must be “objectively reasonable” in their use of force against citizens, where objectivity is determined from the perspective of a “reasonable officer.” There are many crucial factors for establishing liability in cases like these, including whether or not the suspect posed an immediate threat to the officer, the nature of the alleged crime, as well as the suspect’s attempts to resist or evade arrest.

The presence of police officials should help communities feel safe. However, instances of excessive force from officers can induce severe anxiety in many citizens. According to a study on Mapping Police Violence, researchers estimated that police killed a total of 1,164 people in 2018. Additionally, researchers determined that Black citizens are three times more likely to meet deadly force than white people are during police encounters.

So, how can you determine when a police officer may have used excessive force? There are a few cases where a civil lawsuit can be filed:

  • Sexual harassment
  • Physical or verbal abuse
  • Excessive use of a taser
  • Unlawful searches and seizures
  • Discrimination based on gender, race, or sexual orientation
  • Wrongful imprisonment, false arrest, or unreasonably prolonged detainment
  • Excessive force that is objectively unreasonable for the given circumstances

 According to New York City’s Civilian Complaint Review Board (CCRB), citizens filed a total of 4,487 police brutality complaints in 2017. 

Contact a New York Civil Rights Lawyer

If you believe your rights have been violated by a police officer’s use of excessive force, you have the right to pursue legal action. Although it may feel incredibly confusing, frightening, and intimidating to file a case against police officials, know that qualified legal help is available to you. 

The New York civil rights lawyers at Hach & Rose, LLP will be ready to discuss your rights and legal options when you contact us for a free consultation to discuss your case. We’re here to support you, so call us at (212) 779-0057 or reach out to us online.

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