Civil Rights

In New York State and elsewhere, the law places limits on the level of force that the police may use in their jobs. When they use a level of force that exceeds reasonable limits, they risk violating someone’s civil rights. In New York City, a victim who suffers injuries at the hands of the police can sue the NYPD for police brutality.

The attorneys at the New York law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. appreciate the challenges that the police face every day. However, we also believe that everyone’s civil rights should be protected against overzealous law enforcement. We help individuals who have been victims of NYPD police brutality to recover the largest available compensation for the injuries that they have suffered at the hands of the police.

Police brutality includes many types of excessive conduct

An experienced New York City civil rights lawyer will tell you that many types of excessive conduct by law enforcement can rise to the level of police brutality, including:

• Excessive use of tear gas, pepper spray, or water cannons
• Physical beatings
• Verbal harassment
• Racial profiling
• Property damage
• Police shootings
• Overuse of tasers and restraining devices
• Deprivation of food or water during detention

These and other types of police misconduct are all human rights violations. This behavior gives the injured party a right to file a police brutality lawsuit against the NYPD and the individual officer who deprived them of their rights.

You need to act quickly to file an NYPD police brutality lawsuit

If you believe you have a good reason to file a police brutality lawsuit, you must first submit a Notice of Claim to the correct city officials within ninety days. Your Notice must include details of what happened and identify all individuals responsible for your injuries. Failure to file a correct Notice of Claim will be cause to dismiss your lawsuit. Further, a lawsuit must be filed within one year and ninety days after the incident.

Many victims of police brutality might be discouraged from filing a lawsuit by family or friends. They may believe that you can never win a lawsuit against the NYPD. Rather than following their advice, your better course of action is to confer with a knowledgeable and experienced NYPD police brutality lawyer. They can evaluate your situation and provide a professional assessment of your opportunity to recover damages for violations of your civil rights. Your lawyer will need time to conduct a thorough investigation. Therefore, you should retain legal counsel as soon as possible to meet the filing deadlines.  

You can recover substantial damages for your NYPD police brutality injuries

Every year, New York City pays hundreds of millions of dollars in compensation to victims of police misconduct. Depending on the facts of your case, you may be able to recover compensation for your:

• Hospital bills and other medical expenses
• Wages you lost while recovering from injuries caused by the police
• Pain and suffering, and mental anguish
• Attorney fees

In extreme cases where police brutality is deemed to be intentional or grossly reckless, you might also recover punitive damages. These are awarded to penalize the perpetrators of your injuries and to discourage them from similar future conduct.  

Contact Us to File a Police Brutality Lawsuit

At Friedman, Levy, Goldfarb & Green, we fight to protect the civil rights of all individuals who have suffered serious mistreatment at the hands of the police department. We respect the efforts of the majority of law enforcement personnel to protect the city’s residents from crime. However, we also believe that those efforts are best served when the department is held accountable for the brutality of its few bad actors.

Please call our Manhattan offices after you have suffered injuries at the hands of the NYPD for a no-fee consultation with one of our lawyers. We will provide a fair and straightforward explanation of your right and opportunity to sue the NYPD for police brutality. If you retain our services and we accept your case, we will fight tirelessly to recover the largest available damages to compensate for your injuries and violations of your civil rights. 

For decades, Qualified Immunity has been a federal doctrine that frequently shielded police officers from any repercussions in excessive force cases, often leaving victims who suffered at the hands of the police with no opportunity to seek justice through the courts. While the federal doctrine of Qualified Immunity remains in place, civil rights advocates recently scored a major victory locally when the New York City Council banned Qualified Immunity for NYPD officers accused of excessive force, becoming the first large city in the country to do so.

What This Ban Means

What this means is that victims of excessive force by police officers here in New York City now have the ability to file a lawsuit against the NYPD in a local court to hold the officers accountable. With Qualified Immunity no longer a defense for police officers, victims are now able to file a claim against an NYPD officer if he or she violates their state constitutional rights.

Limitations of the Ban

Please note that this ban on Qualified Immunity only applies to the NYPD. What that means is that corrections officers, government officials, school employees, and other public officials are still protected by Qualified Immunity under local law. The ban on Qualified Immunity applies to unreasonable searches and seizures, and excessive force claims fall under that umbrella. However, the ban does not cover violations by an NYPD officer of your other Constitutional rights such as the right to bear arms, the right to free speech, or equal protection.

Notably, federal law has yet to ban Qualified Immunity for police officers accused of excessive force, so victims here in New York City would still face daunting odds if they decide to file their claim in federal court. They now DO have the option, thanks to the ban, of filing an excessive force lawsuit in a city court.

Why Was This Such a Major Victory?

The Qualified Immunity doctrine was originally enacted to enable law enforcement officers to make split-second decisions in situations where their life and/or the lives of others were on the line without having to second guess themselves in the heat of the moment. But in practice, this doctrine has evolved to make it virtually impossible for some victims of police brutality and misconduct to obtain any sort of justice or financial recovery for their trauma, injuries, and losses.

Until the Qualified Immunity doctrine was banned, NYPD officers could often not be sued for unlawful conduct, including the use of excessive force, unless the victim could prove the following elements:

• The evidence proves that the NYPD officer’s conduct violated the victim’s Constitutionally protected right
• The Constitutional right that the NYPD officer violated was “clearly established” law due to the fact that prior case law had already ruled that similar police actions were illegal

More on the “Clearly Established” Standard

In practice, the “clearly established” standard was interpreted so narrowly by courts that victims were essentially required to prove that the facts in their case were virtually identical to the facts in a previous case, or else the NYPD would likely get away with conduct that was at times illegal and/or malicious.

Damages Available to Excessive Force Victims

As far too many New Yorkers know first-hand, the consequences of excessive force by a police officer can be devastating and even fatal for the victim. Here are some of the damages for which an excessive force victim may seek financial compensation:

• Medical costs
• Pain and suffering
• Lost wages and lost earning capacity
• Humiliation and mental anguish
• Punitive damages which may be assessed for particularly egregious police misconduct

Call Today for a Free Case Review

If you have questions about the recent ban on Qualified Immunity for NYPD officers accused of excessive force affects your police brutality case, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. today for a free consultation with an NYC civil rights lawyer. We will not charge you any attorney fees unless you win your case.

Police officers, like all law enforcement authorities, are legally and duty-bound to treat all persons equally and not to discriminate due to a person’s race, gender, sexual orientation, or other distinguishing characteristics. The New York civil rights attorneys at Manhattan’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. are dedicated to exposing NYPD discrimination and holding law enforcement officers accountable for their misconduct. If your civil rights were violated by the NYPD, you may be entitled to substantial monetary compensation, including punitive damages, to send a loud and clear message that this kind of abusive behavior will not be tolerated.  

What constitutes police discrimination?

A police officer can stop an individual for a brief and cursory holding and questioning if the officer has a reasonable suspicion of criminal activity. The holding period must be no longer than is necessary, and the officer must use the least intrusive means available to investigate the suspicious activity. The officer cannot arrest a person without a probable cause for that arrest.

The standards for what constitutes “reasonable suspicion” and “probable cause” are not sharply defined. If you believe that an officer stopped you, for example, solely on account of your skin color or ethnic background, the officer will likely offer a contrary explanation that includes a rationale for the stop.  

Patterns of misconduct can help demonstrate police discrimination

If the officer who allegedly committed the act of discrimination has a personnel file that includes multiple reports of discriminatory conduct, it will show a pattern of behavior that will help substantiate your case.

In New York City, reports of police discrimination are filed with the Civilian Complaint Review Board (the “CCRB”). Before submitting your report to the CCRB, contact Friedman, Levy, Goldfarb & Green. We can assess the circumstances of your discrimination case and advise you on how best to proceed, from filing a CCRB report to initiating a civil rights lawsuit.

Filing a lawsuit for police officer discrimination

You should contact a knowledgeable and experienced civil rights lawyer if you believe that you have been subjected to harassment by police solely because of your race or other class characteristics. This includes:

• False arrests or unreasonably long periods of detention;
• Excessive use of force;
• Abusive surveillance with no suspicion of criminal activity;
• Demands or suggestions for bribes; and
• Verbal abuse or attacks that refer to a person’s race or ethnicity.

Police officers have a level of qualified immunity to civilian complaints. To overcome this immunity and to bring a successful lawsuit for police discrimination, the victim should record details of the incident and get the names and contact information for any witnesses.

Civil Rights Attorneys for Victims of Police Discrimination

A victim of actionable police discrimination has a right to sue the officer and that officer’s employer both in State and Federal Court. If you were treated unfairly by the NYPD based on your race, gender, or sexual orientation, please call us today to discuss your case directly with a civil rights attorney New York City trusts to fight relentlessly for equality and justice. We are not afraid to go up against the NYPD and the City when law enforcement personnel abuse their authority and the civil rights of those they are sworn to protect. All initial consultations are free.

Police officers are charged with protecting the safety and upholding the rights of individuals. Many officers are ethical professionals who carry out their mission to the best of their abilities. Yet, all too often, people suffer the violation of their civil rights at the hands of law enforcement personnel. It’s important for everyone to be aware of their civil rights in New York so they can swiftly identify when a violation may have occurred and take action by contacting a civil rights lawyer.

Your rights as a driver of a pulled-over vehicle

Every driver has rights and obligations. If a police officer indicates that they would like to pull you over, for example, you’re obligated to safely stop. However, you are not obligated to answer questions. Your personal rights during a traffic stop include the right to remain silent. To exercise this right, you can tell the police officer that you would like to remain silent. However, you must still show the officer your license, registration, and proof of insurance upon request.

In New York City, police officers must inform you that they are requesting your consent to search your car, and they must also tell you that you have the right to refuse. The exceptions are if an officer has a search warrant and if the officer has probable cause that a crime has been committed.

After a traffic stop has been executed, you have the right to challenge its legality in a court of law. You can do this with the assistance of a civil rights attorney.

Your rights as a passenger of a pulled-over vehicle

In New York, passengers of vehicles that have been pulled over have the same rights and responsibilities as drivers do. Police officers could potentially order passengers to step out of the vehicle and submit to a search of their person. However, passengers are also protected from unreasonable searches and seizures, just like drivers. This means they have the right to pursue legal recourse if they have been the victim of an illegal search and seizure.

In short, like drivers, passengers have the following rights:

• Protection from unlawful or unreasonable searches and seizures
• Right to remain silent
• Right to challenge, in a court of law, the legality of the traffic stop
• Right to challenge, in a court of law, the legality of any search and seizure

Protect your civil rights with aggressive legal representation

If you believe your rights have been violated by a police officer, you need legal guidance right away. Contact the law office of Friedman, Levy, Goldfarb, Green & Bagley, P.C. to schedule a consultation with a veteran New York civil rights lawyer. We are committed to vigorously safeguarding the civil rights of individuals and groups and will explore all possible avenues of securing legal recourse on your behalf.

Whether you have been falsely arrested, subjected to an illegal search and seizure in your vehicle or home, wrongfully convicted, or been the victim of police brutality, our legal team will fight to defend your civil rights and freedoms. Individuals throughout New York City and Long Island are invited to contact our law firm to request a free consultationM

In 2016, 166 wrongfully convicted individuals were exonerated in the United States. According to the National Registry of Exonerations, this figure represents the highest number of exonerees in more than three decades of record-keeping.

The causes of wrongful convictions in New York State have been thoroughly documented by the Innocence Project, which recently found that New York outpaces nearly every other state in the number of wrongful convictions reversed by modern DNA testing.

There are many factors that can lead to a wrongful conviction, from police misconduct and false accusations to erroneous witness identification.

Have You Been Injured? Click to call for a FREE consultation!

Legal help after a wrongful conviction in New York

Civil rights attorneys at the NYC law firm of Friedman, Levy, Goldfarb & Green work tirelessly to get wrongfully convicted clients the justice – and compensation — they desperately deserve.

When your basic human rights are violated by law enforcement, investigators, prosecutors or the courts, legal remedies are available. Whether you were convicted of a crime or a loved one is currently behind bars for an offense they did not commit, our experienced lawyers may be able to help you recover money damages in a civil lawsuit.

Considering the long-term financial, emotional and social ramifications of a wrongful conviction, it is imperative that victims seek accomplished legal counsel to remedy the injustices suffered.

New York statutes: how wrongfully convicted are compensated

New York has laws in place that are intended to compensate individuals who were wrongfully convicted and/or imprisoned through no fault of their own. Under these statutes, one or more of the following criteria must be present to be eligible for compensation:

• Served at least part of the sentence for a misdemeanor or felony conviction
• Did not bring about the conviction through his or her own conduct
• Did not commit the offense in question
• Was pardoned on the grounds of innocence
• The conviction was vacated or reversed
• If the conviction was vacated, it was based on grounds that: the judgment was secured under duress or misrepresentation; fraud by the court or a prosecutor; no jurisdiction; the defendant was not capable of understanding the proceedings; false material evidence; discovery of new evidence, or DNA evidence proves the claimant is innocent

Talk with an experienced personal injury attorney for a free consultation!

Wrongful conviction compensation

To qualify for exoneree compensation in New York, one must file a claim within two years of his or her pardon of innocence.

Overturned convictions can result in substantial compensatory awards for victims. Unlike many other states, New York has no cap on how much money an exoneree may be awarded.

One of the most publicized instances of wrongful conviction compensation in New York took place in 2014, when the City awarded five men, known as the “Central Park Five” a whopping $41 million. The young men – four African American and one Hispanic –were wrongly convicted of raping and beating a female jogger in Central Park back in 1989. The men later sued claiming racial profiling and discrimination along with malicious prosecution. The payout was meant to reimburse each man $1 million apiece for every year they spent behind bars.

Seek the justice you deserve by calling Friedman, Levy, Goldfarb & Green for a free case evaluation with a dedicated wrongful conviction lawyer in New York.

Additional Resources:

1. CBS News, How the wrongfully convicted are compensated for years lost https://www.cbsnews.com/news/how-the-wrongfully-convicted-are-compensated/
2. Innocence Project, New York Leads Most States in Number of Wrongful Convictions, Must Enact Reforms to Prevent Them, Innocence Project Report Finds https://www.innocenceproject.org/new-york-leads-most-states-in-number-of-wrongful-convictions-must-enact-reforms-to-prevent-them-innocence-project-report-finds/
3. ProPublica.org, New York State to Pay Millions in Wrongful Conviction Case https://www.propublica.org/article/state-to-pay-millions-in-wrongful-conviction-case
4. Washington Post, Wrongful convictions have stolen at least 20,000 years from innocent defendants https://www.washingtonpost.com/news/opinions/wp/2018/09/10/report-wrongful-convictions-have-stolen-at-least-20000-years-from-innocent-defendants/?noredirect=on&utm_term=.a5728b9f8485
5. New York Consolidated Laws, Court of Claims Act – CTC § 8-b. Claims for unjust conviction and imprisonment https://codes.findlaw.com/ny/court-of-claims-act/ctc-sect-8-b.html

U.S. laws protect citizens from unjust discrimination based on race, sex, gender, sexual orientation, ethnicity, national origin, religion, and disability. Civil rights include the right to free speech, religion, and assembly, as well as the right to petition the government, the right to procedural due process, the right to innocence until proven guilty, and the right to remain silent. People file civil rights lawsuits for unreasonable searches and seizures, cruel and unusual punishment, loss of employment or promotion due to discrimination, abuse by a public official, police brutality, or any discrimination based on superficial qualities or beliefs. While these freedoms are clearly spelled out in United States law, Americans may need the help of a civil rights lawyer to enforce the law and protect these interests in court.

Do You Need A Civil Rights Lawyer?

Technically, you can file a lawsuit as a self-represented litigant. Every year, millions of plaintiffs file on their own, without a lawyer. However, it’s not recommended for a number of reasons. Here’s why you need a civil rights attorney:

1. Your opponent has a lawyer.

If you’re suing an employer, retail business, police department, college, or other entity, rest assured they’ve got legal counsel protecting their assets. Their legal counsel is helping them exploit every possible loophole in the system. They’re taking a fine-tooth comb to your story to find ways to get a summary judgement to throw out the case without a hearing. With enough resources, the opposition can hire professionals you’ve never met to call your credibility into question and disparage your reputation. On the other hand, if you hire a lawyer, you’ll be on an even playing field to fight these accusations and wage war of your own.

• A lawyer makes the difference between winning and losing.

In some types of cases, not having legal counsel can make a dramatic difference. For instance, in New York City housing disputes, 90% of the landlords are represented by law firms, whereas 90% of tenants are not. The end result is that self-represented tenants are evicted nearly 50 percent of the time. With a lawyer, they win compensation 90 percent of the time.

• The paperwork and protocol are overwhelming!

Even the most seemingly straightforward legal matters require dozens of steps. In one study, researchers identified 200 discrete tasks that self-represented litigants must perform in civil cases, including finding the right court, filing motions, compiling evidence, and negotiating a settlement.

• Tasks may require specialized knowledge of the law and the court system in general.

There are eight major civil rights laws in the United States, enacted in 1866, 1871, 1875, 1957, 1960, 1964, 1968 and 1991. On top of that, each state has its own civil code of laws and penalties for breaking them. Some judges and jurors are more sympathetic to civil rights cases than others. The success of a civil rights case often involves constructing the right legal argument, so you need to know all the subtle intricacies and every possible grounds to sue. Sometimes you can succeed on multiple levels, but you have to know which angles are most likely to prevail.

• You need to actually show up to represent your interests.

Self-represented litigation involves numerous appearances, which means time away from work and the need to secure childcare. You’ll need reliable transportation to and from the courthouse. If you do not speak English as a first language, you’ll need access to a translator. Missing one step, deadline, or appearance could mean you have to start the whole process over again or may result in case dismissal without option to refile. A law firm can send representatives to meetings and courthouses on your behalf, so you don’t have to worry about it.     

What Can You Expect from Your Civil Rights Lawyer?

Working with a civil rights attorney begins with a case review, which is offered free of charge at Friedman, Levy, Goldfarb & Green. From there, your lawyer will decide whether or not to represent your case, and you can decide if you feel comfortable enough with the legal team to take the next step.

Once you’ve retained a civil rights attorney, your lawyer will:

• Cover the cost of filing the lawsuit and all other related fees during the litigation.
• Interview you, witnesses, the defendant, and any other parties involved in the case.
• Prepare depositions to use as testimonial evidence.
• Handle correspondence with the opposition, speaking professionally on your behalf.
• File motions, briefs, documents, and discovery plans with the court.
• Hire experts to testify and lend credibility to your case.
• Engage the other side in settlement negotiations outside the court room.
• Present your case before judge and jury if necessary.
• Advise you whether to accept a fair settlement or hold out for greater compensation.

Are You Worried You Can’t Afford a Lawyer for Your Civil Rights Case?

People who have had their civil rights violated may suffer heavy losses due to medical bills, lost employment, disability, wrongful death of a family breadwinner, or emotional pain. That is why we offer FREE CASE REVIEWS and legal representation on a contingency basis with NO UPFRONT LEGAL FEES. If we fail to win your case, you owe us nothing. If we are successful, we take the industry standard legal fee, a previously agreed-upon percentage of your settlement or award. Hiring an attorney is more likely to result in maximum compensation, so you walk away with more in your pocket than you would have attempting to navigate the legal maze alone. Contact a New York City civil rights lawyer at Friedman, Levy, Goldfarb, Green & Bagley to explore your legal options today. Most cases are subject to deadlines called “statutes of limitations,” so don’t delay.

Additional resources:

• https://theconversation.com/every-year-millions-try-to-navigate-us-courts-without-a-lawyer-84159

• https://www.nytimes.com/2016/09/23/opinion/a-right-to-a-lawyer-to-save-your-home.html

If you have suffered harm at the hands of overzealous law enforcement authorities, you may have a right to sue those authorities to recover compensation for your personal injuries. If you believe that your civil rights have been violated , your best course of action will be to retain a knowledgeable and experienced civil rights lawyer who has a thorough understanding of the landscape of civil rights lawsuits in NY State.

The attorneys at Manhattan’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. have represented victims of civil rights abuses throughout New York City. Call us if you believe that your rights have been trampled upon by law enforcement or any other government agency, or if you have experienced discrimination as a result of your ethnicity, religion, or sexual orientation. 

Civil rights violations are matters of federal law

Unlike personal injury lawsuits, which are generally matters of state law, civil rights claims are premised primarily on federal law. Section 1863 of the U.S. Reconstruction Civil Rights Act creates a mechanism for individuals who have experienced civil rights abuses to bring a federal action against the party that is responsible for the abuse. If you are considering filing a lawsuit for redress of a civil rights violation, verify that your attorney has the knowledge and skills to prosecute an action in federal court.

Civil rights violations encompass a number of different abusive conducts

A civil rights violation can occur in several ways, including false imprisonment or extended detention by police without probable cause, inmate abuse, unwarranted law enforcement encounters that are based on racial profiling, or police shootings or other police misconduct. Your civil rights lawyer should be able to evaluate the circumstances of your situation to determine whether and to what extent your civil rights have been breached.

Expect aggressive defense from law enforcement

There is a fine line between legitimate law enforcement action and police conduct that crosses a line into a civil rights violation. Body cameras and other surveillance technology will likely record any confrontation with law enforcement, which will use that evidence to argue the validity of their actions under the circumstances. A civil rights attorney needs to be well-versed in proper police procedures to understand the distinction between legitimate and unlawful police conduct.

Your potential damages can include more than just monetary recovery to compensate you for physical injuries

Victims of civil rights violations may be able to claim damages for harm to their finances and reputation, and impairments of the qualities of their lives and mental health. Where perpetrators of those violations have demonstrated a long history of civil rights abuses, an experienced attorney may have a valid argument for punitive damages. Consult with your civil rights lawyer about the damages that you may be entitled to recover.

Call Friedman, Levy, Goldfarb & Green for Civil Rights Representation in New York City

The civil rights lawyers in the Manhattan offices of Friedman, Levy, Goldfarb, and Green will review the facts of your case and give you a professional assessment of the potential for a lawsuit against the party or parties that disregarded the civil rights protections that are provided by the U.S. Constitution and federal law. We represent individuals in Manhattan, the Bronx, Brooklyn, Queens, Staten Island and Long Island whose civil rights have been violated by law enforcement and other official parties. Please call us today to schedule an appointment with one of our attorneys.   

Additional Resources:

• NYCLU, THIS LAW MAKES IT NEARLY IMPOSSIBLE TO POLICE THE POLICE IN NEW YORK, https://www.nyclu.org/en/news/law-makes-it-nearly-impossible-police-police-new-york

• ACLU, Police Reform Is Coming to New York City, but Will the NYPD Follow the Law? https://www.aclu.org/issues/criminal-law-reform/reforming-police/police-excessive-force