New York City Police Brutality Lawyer
The New York Police Department has a history of misconduct and brutality. Therefore, it also has a history of paying out multimillion-dollar settlements to families of victims of police brutality and protestors who have suffered from violence at the hands of officers. According to The Legal Aid Society, NYPD misconduct lawsuits and settlements have cost the City of New York more than $540 million in the past six years, including $115 million in 2023 alone.
Were you or a loved one a victim of police brutality?
Attorneys that work with Police Brutality Center may be able to assist you.
Content Last Updated: November 19, 2024
A 2021 analysis by the New York Civil Liberties Union examined over 180,000 police misconduct complaints involving 35,000 NYPD officers from 2000 through 2020 and found that only one percent of cases received “serious” disciplinary action, such as forfeiture of vacation days, suspension, probation, or termination. The study also found that people of color are three times more likely to be injured by police misconduct than white people, and Black people are six times more likely. For complaints involving children, 93 percent involved children of color.
If you or a loved one has been a victim of an act of police misconduct or brutality, you aren’t alone, and the Police Brutality Center can help.
The NYPD’s History of Misconduct
Another New York Civil Liberties Union analysis examined more than 5,000 reported use-of-force incidents among the New York State Police from 2000 through 2020. It found that an average of 264 incidents of physical force by police are reported in New York annually. The report names 3,725 individual officers, and nearly 50 were involved in more than 10 incidents involving the use of force. Also, 393 officers were named in at least five incidents—and those officers were involved in nearly half of all incidents.
Nearly one in three of the examined incidents of use of force arose during traffic stops, and 10 percent of incidents between 2000 and 2017 occurred during a mental health response. Beginning in 2018, officers brandished weapons in a far greater percentage of the incidents—from 2018 to 2020, almost half of all incidents fit this description.
The NYPD has a troubling history of burying cases of police misconduct. In particular, police commissioner Edward Caban has a record of preventing misconduct cases from going to court, overturning plea deals, and reducing punishments using an authority called “retention.” Caban has used his power to intervene in dozens of disciplinary cases against officers found by oversight agencies to have committed misconduct.
Notable Police Misconduct Cases
Eric Garner
Eric Garner was a 43-year-old Black man who was killed in Staten Island by an NYPD officer on July 17, 2014. The officer used a prohibited chokehold while arresting Garner, who repeated the words “I can’t breathe” 11 times while lying face down on the sidewalk before passing out. Officers originally approached Garner on suspicion of selling single cigarettes from packs without tax stamps—a wholly nonviolent crime.
After the medical examiner ruled Garner’s death a homicide, the city of New York settled with the Garner family for nearly $6 million out of court. However, a grand jury decided against indicting the officer who killed Garner, and the officer was not fired until five years later.
Akai Gurley
Akai Gurley, a 28-year-old Black man, was fatally shot in Brooklyn on November 20, 2014, by a New York Police Department officer. Several officers were patrolling stairwells in the area, one with his gun drawn, and when Gurley entered the stairwell below the officers, one officer fired, hitting Gurley in the chest.
The officer who shot Gurley was convicted of manslaughter, but a court later reduced to criminally negligent homicide. He was sentenced to five years of probation and 800 hours of community service. The City of New York reached a $4 million agreement with Gurley’s family after the police commissioner declared the shooting an accident and said Gurley was a “total innocent.”
Police Reform and Misconduct Legislation in New York City
The main law governing police misconduct in New York is New York Penal Law § 195.00, a criminal statute prohibiting official misconduct. The law criminalizes any instance where a public servant uses their position to obtain a personal benefit or harm someone else. Conviction can result in job loss, fines, and potential imprisonment. Additionally, in 2021, former New York Governor Andrew Cuomo signed an executive order requiring local governments in the state to adopt a police reform plan by April 1 of that year.
The main agency responsible for preventing and remedying misconduct by law enforcement professionals is the Law Enforcement Misconduct Investigative Office, or LEMIO. LEMIO investigates wrongdoing, examines departmental policies and procedures, makes recommendations for reform, and publicly reports its findings. LEMIO was created by Executive Law 75, which also requires that law enforcement agencies report all instances of wrongdoing.
What is the Statute of Limitations for Civil Rights Cases in New York City?
Depending on the circumstances of the incident, the statute of limitations for a police misconduct case in New York. There are separate statutes of limitations for civil cases and criminal charges. Some of the deadlines for police brutality lawsuits, based on the severity of the incident, include the following:
- Criminal Charges
- Assault and battery: and two or five years for criminal cases, depending on the facts
- Manslaughter: Five years for criminal charges
- Murder: No time limit for criminal charges
- Civil Lawsuits
- Assault and battery: One year from the incident date
- False imprisonment: One year from the incident date
- Other negligence resulting in personal injury: Three years from the incident date
- Wrongful death: Two years from the date of death
Filing a Police Misconduct Lawsuit in New York City
To file a police misconduct lawsuit in New York City, you’ll likely also need to file a police misconduct report with the police department, chief of police, civilian review board, or another organization, depending on the circumstances of the incident. After gathering evidence and filing a report with the proper agency, that agency will investigate the claim—which may take months.
While the claim is being investigated, you can hire a lawyer to begin the process of filing a police misconduct lawsuit. A lawyer can help you prepare and file documents and represent you at any necessary hearings.
Why Work with a Police Brutality Lawyer?
Hiring a lawyer after you’ve been a victim of an act of police brutality can significantly increase your odds of receiving compensation for your injuries and suffering. Police brutality lawyers know the law and legal system of New York inside and out. They can investigate, gather evidence, and help you navigate the complexities of police misconduct claims in a city that fights back against them aggressively.
Get Legal Help
Police misconduct and brutality have become near-everyday occurrences in New York City despite laws and regulations put into place to prevent them. If you or a loved one have been a victim of an incident you believe qualifies as police misconduct, you may be entitled to compensation for your suffering. Contact Police Brutality Center today, and we’ll connect you with a local lawyer who can evaluate your claim and guide you through the legal process. We hear you, we see you, and we believe you.
