However, defining the amount of impact that is reasonably necessary under the circumstances can be complex. For example, if there is no probable cause to arrest in the first place, even the slightest amount of power can be considered excessive. But, even where there is probable cause, an officer may only use an amount of power reasonably necessary to secure the person being arrested. In addition, following an arrest, that officer must also continue to act within the bounds of the law. For example, officers are not permitted to handcuff an individual excessively, nor are they permitted to leave individuals unrestrained in police vehicles in a manner that is likely to cause injury. They are also forbidden from engaging in dangerous or reckless conduct in pursuit of a fleeing suspect. On the other hand, if an officer “reasonably believes” that an individual poses a risk of safety to themselves or others, more extreme pressure– even deadly force – may be legally permitted under the circumstances.
Understanding how these concepts operate is difficult, and while many lawyers may understand “injury” cases, excessive force claims against law enforcement are a different animal, and the wrong strategic move at any point in the litigation can mean the difference between success and failure. Therefore, having one of the experienced excessive force lawyers in NYC who understands how these legal concepts operate in practice is essential to your ability to pursue a successful excessive force claim against the NYPD.
For years, Cohen & Fitch LLP has successfully litigated hundreds of excessive force claims on behalf of their clients. Over the last ten years of civil rights litigation, Cohen & Fitch has never failed in obtaining compensation for any victim of excessive force. Our determination and knowledge in these cases have been the key to victory in these cases and have even breathed new life into claims that had been all but lost. If you feel that you have been the victim of police brutality, contact a team of Excessive Force Attorneys in NY at Cohen & Fitch LLP for a free case evaluation.
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