The duty of a law enforcement officer is to protect the people of their assigned jurisdiction. Therefore, the state grants them a degree of power to enforce the law. The problem is when police officers abuse their power through violence and violate the rights of the people they swore to protect. Police brutality occurs when officers go beyond their legal limits to carry out their duties, using excessive or unjustifiable force. They manipulate the law to further their interests.
Police brutality infringes on a civilian’s rights to liberty and equal legal protection. It violates our human rights and constitutional rights.
You can file a claim against police brutality
As a victim of police brutality, you can pursue a civil lawsuit against an agent of the law or state because of Section 1983 of the Civil Rights Act. However, you must understand if the police officer’s actions were illegal and legally punishable. Here are questions you should consider:
- Are the officer’s actions justifiable by a reasonable cause?
- Was the officer’s response to a crime or infraction adequate or excessive?
- Did the officer conduct an illegal search and seizure?
- Did the suspect attempt to escape or resist arrest?
- Did the suspect own a weapon or firearm that could justify the officer’s response?
Remember that stringent regulations protect officers. You need to understand how they violated your rights and the specific violations they committed.
Move swiftly to retrieve justice
You must file a Notice of Claim with the New York City Comptroller’s Office within 90 days from the incident date. You must make sure your claim is valid and that it details the police officer’s wrongful behavior.
Exercising your civil rights as a lawful citizen of New York is imperative to helping prevent further police misconduct and brutality. If the police officers do not protect you, the state and federal laws will.