POLICE MISCONDUCT2018-08-15T21:27:03+00:00

police misconduct lawyer


If you have been a victim of police misconduct, you have recourse!  Wittenstein & Wittenstein can help you get the justice you deserve.  The Civil Rights Act of 1871 protects citizens of the United States from the deprivation of their Civil Rights and Privileges by the government or governmental agencies.  Section 1983 of this Act species what must be established to prove this claim:

  1. That the offenders deprived a person of their Civil Rights
  2. That this deprivation was caused by the government or somebody working for the government

Local laws and ordinances which deprive individuals of their Civil Rights can also give rise to actions if those laws themselves deprive citizens of their rights.  Informal actions can also be actionable if they are customary.  If you feel a law is being enforced that violates your civil rights or suspect “cronyism,” please call New York City police misconduct lawyer Wittenstein & Wittenstein for our take on the situation.

Some examples of police misconduct which might violate Section 1983:

  • Use of excessive force – There are strict limits on the amount of force a police officer may use to apprehend or control a person during an arrest and while in custody.
  • Racial Profiling – If you are stopped or arrested because you “look like” somebody that might commit a crime, that is illegal.  There must be actual evidence against you personally.
  • False Arrests – If you are arrested without just cause, this is a “false arrest.”  You can get damages for the time you were held.
  • Bribery – If money is exchanged for wrongdoing by the police.
  • Verbal Attacks – You cannot be called names or be spoken to in an offensive way, even if there is just cause to hold you.
  • Physical Attacks – You cannot be encouraged to confessor in any way be coerced with physical actions.
  • Abuse of Surveillance – If you are being watched without a proper warrant, or the scope of the surveillance exceeds what the Judge signed for on the warrant, this is an abuse of surveillance.

The Civilian Complaint Review Board (CCRB) is an independent agency that handles complaints of police misconduct in New York City.  Thousands of complaints are filed every year.  These complaints are time sensitive and very difficult for a person to navigate on their own.  Hiring the right attorney is paramount to the success of your claim for police misconduct.  There are additional protections in New York Law that provide further protection.  For example, if you are pulled over by the police, physical force may only be used to control a situation, and never to intimidate.  There are many nuances to the laws and regulations to protect citizens from police misconduct.  That’s why we offer victims a free consultation to discuss their case.

There are many laws on the books to protect citizens from police abuse, but sometimes all it takes is a “duck test.”  If you were arrested because you fit a very broad description for somebody of your race and gender, you should call a New York City Police Misconduct Attorney to discuss a claim for false arrest.  There is zero tolerance for racial epithets during an arrest and incarceration – you should not have to tolerate this abuse, even if your arrest was warranted.  We are here to help.

If you believe you are a victim of police misconduct, please New York City Police Misconduct Lawyer, Wittenstein & Wittenstein at 718-261-8114 for an appointment.


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