What Is Police Misconduct?

Police misconduct happens if a law enforcement officer violates a person’s constitutional rights. Police misconduct by a member of law enforcement may subject an officer and police department to both criminal and civil liability.

Civil police misconduct involves a law enforcement officer engaging in a “pattern of conduct” that denies an individual of his or her constitutional rights.  In order to prove civil police misconduct, a person must demonstrate that a pattern occurred and it was not one isolated occurrence. In addition, a law enforcement officer is prohibited from engaging in discriminatory practices.  Here, a pattern of discriminatory misconduct must be president.  Examples of discriminatory misconduct include:

  • Harassment
  • Discriminatory stop
  • Racially motivated comments
  • Unjustified arrest
  • Sexual conduct or harassment

Criminal police misconduct involves an officer denying an individual of their constitutional rights. Here, it is not required that a law enforcement officer’s conduct be discriminatory.  Examples of criminal misconduct include:

  • Use of excessive force
  • Sexual assault
  • Intentional false arrest
  • Fabricating evidence

If a member of law enforcement has violated your rights, it is important to file a complaint with internal affairs and the police department in order to exhaust your administrative remedies prior to filing a lawsuit.

If you have been a victim of police misconduct or have had your rights violated, to contact an experienced police misconduct lawyer to explore your options. The Leventhal Law Group is experienced in dealing with all aspects of police misconduct and is dedicated to helping clients achieve the best possible outcome for their case. The Leventhal Law Group will make sure you understand the complex process and treat you with dignity and respect each step of the way. Contact the Police Misconduct Attorneys at the Leventhal Law Group at (718) 556-9600, or fill out our online contact form.

Be Aware Of Police Misconduct

All across the United States, attention has been drawn to police brutality and misconduct.  In New York City, there are hundreds of police brutality and police misconduct cases investigated each year that result in approximately $500 million a year in settlements.  The Civilian Complaint Review Board is the organization that is responsible for independently investigating allegations of police misconduct.  In 2010, there were 6,476 complaints against the NYPD for injuries due to excessive force, abuse, racial discrimination, hate speech, false arrest, and malicious prosecution, among others.

If you are a victim of police brutality or police misconduct, it is important that you speak with an experienced attorney right away.  Here are some examples that may give rise to a claim against law enforcement:

  • Racial profiling;
  • False Arrest;
  • Assault;
  • Verbal Abuse;
  • Corruption and Bribery;
  • Sexual Assault;
  • Misuse of Power;
  • Improper use of surveillance; and
  • Excessive force.

Excessive force is when a police officer violates an individual’s constitutional rights by using force that is greater than what a reasonable and prudent law enforcement officer would use under the same circumstances. Law enforcement officers are supposed to use an amount of force necessary to achieve a safe and effective outcome. When police officers engage in the use of excessive force, he or she may be subject to liability for their actions. The abuse of power by law enforcement officers often occurs during questioning and routine stops.

If you have been a victim of police brutality or police misconduct or have had your rights violated, it is necessary to contact an experienced police misconduct lawyer to explore your options. The Leventhal Law Group is experienced in dealing with all aspects of police misconduct and is dedicated to helping clients achieve the best possible outcome for their case. The Leventhal Law Group will make sure you understand the complex process and treat you with dignity and respect each step of the way. Contact the Police Misconduct Attorneys at the Leventhal Law Group at (718) 556-9600, or fill out our online contact form.

Second Department Holds Emergency Doctrine Did Not Apply to Warrantless Search

Marc Ringel was released from a New York State prison the weekend of December 31, 2016 to January 1, 2017 after previously pleading guilty to criminal possession and weapons charges. The Second Department of New York State’s Appellate Division unanimously overruled the Nassau County Supreme Court’s decision not to suppress the evidence leading to Mr. Ringel’s plea, which subsequently lead to the dismissal of the case. Continue reading Second Department Holds Emergency Doctrine Did Not Apply to Warrantless Search

New York Defenses Involving Mental Illness

Recently, the online forum, Above the Law, discussed what typically happens when an individual has an unexpected psychotic episode resulting in criminal charges. Defendants have the option of invoking what is colloquially called an “insanity defense.” In New York, it is an affirmative defense, asserting that the defendant was “not responsible by reason of mental disease or defect.” With this defense, the case may go to the New York Mental Health and Hygiene Department, or be retained in the regular criminal court system. Continue reading New York Defenses Involving Mental Illness

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