NEW YORK CITY POLICE MISCONDUCT LAWYER
If you have been a victim of police misconduct, you have recourse! Wittenstein & Wittenstein can help you get the justice you deserve. The Civil Rights Act of 1871 protects citizens of the United States from the deprivation of their Civil Rights and Privileges by the government or governmental agencies. Section 1983 of this Act species what must be established to prove this claim:
- That the offenders deprived a person of their Civil Rights
- That this deprivation was caused by the government or somebody working for the government
Local laws and ordinances which deprive individuals of their Civil Rights can also give rise to actions if those laws themselves deprive citizens of their rights. Informal actions can also be actionable if they are customary. If you feel a law is being enforced that violates your civil rights or suspect “cronyism,” please call New York City police misconduct lawyer Wittenstein & Wittenstein for our take on the situation.
Some examples of police misconduct which might violate Section 1983:
- Use of excessive force – There are strict limits on the amount of force a police officer may use to apprehend or control a person during an arrest and while in custody.
- Racial Profiling – If you are stopped or arrested because you “look like” somebody that might commit a crime, that is illegal. There must be actual evidence against you personally.
- False Arrests – If you are arrested without just cause, this is a “false arrest.” You can get damages for the time you were held.
- Bribery – If money is exchanged for wrongdoing by the police.
- Verbal Attacks – You cannot be called names or be spoken to in an offensive way, even if there is just cause to hold you.
- Physical Attacks – You cannot be encouraged to confessor in any way be coerced with physical actions.
- Abuse of Surveillance – If you are being watched without a proper warrant, or the scope of the surveillance exceeds what the Judge signed for on the warrant, this is an abuse of surveillance.
The Civilian Complaint Review Board (CCRB) is an independent agency that handles complaints of police misconduct in New York City. Thousands of complaints are filed every year. These complaints are time sensitive and very difficult for a person to navigate on their own. Hiring the right attorney is paramount to the success of your claim for police misconduct. There are additional protections in New York Law that provide further protection. For example, if you are pulled over by the police, physical force may only be used to control a situation, and never to intimidate. There are many nuances to the laws and regulations to protect citizens from police misconduct. That’s why we offer victims a free consultation to discuss their case.
There are many laws on the books to protect citizens from police abuse, but sometimes all it takes is a “duck test.” If you were arrested because you fit a very broad description for somebody of your race and gender, you should call a New York City Police Misconduct Attorney to discuss a claim for false arrest. There is zero tolerance for racial epithets during an arrest and incarceration – you should not have to tolerate this abuse, even if your arrest was warranted. We are here to help.
If you believe you are a victim of police misconduct, please New York City Police Misconduct Lawyer, Wittenstein & Wittenstein at 718-261-8114 for an appointment.
Do I Have A Medical Malpractice Case?
If you’ve been treating a doctor that’s caused you more harm than good, you may have a case against that doctor for medical malpractice. The law in New York allows people that are injured by the negligence, recklessness or intentional acts of a health care professional to sue for the damages they’ve incurred as a result. Unfortunately, many cases where people are injured by poor care don’t meet all of the necessary requirements for a successful medical malpractice case due to the costs of litigation being more than what’s likely to be collected. The best Queens medical malpractice attorneys will handle your case on a contingency fee, so you don’t have to lay out money to [...]
How A Personal Injury Attorney Can Help You
After a year of lockdowns, economic insecurity and the loss of loved one due to Covid 19, it’s terrifying to consider what new tragedies may await us down the road. With vaccinations on the rise, and the economy opening up, we’ll be out of the road more often for work, recreational activities and travel. This is something so welcome, but doesn’t come without a downside in increased amounts of accidents on the road. That’s why it’s important to have a relationship with a Queens, Brooklyn, Manhattan, Staten Island and Bronx car accident attorney that you can call if you need assistance. More people out and about, always means more slip and fall, dog bites and other [...]
What Damages Can Be Collected for Car Accidents?
We hear all the time about multi-million settlements and verdicts for people that are injured in car accidents, but there’s not a great deal of information on what claims contributed to these very large amounts of compensation. It would be naive to think that anybody really collects millions of dollars after a fender bender causes a sore neck that heals quickly. No attorney is that much of a magician! That’s why it’s important to understand what damages can be collected for car accidents before you hire a personal injury attorney in NYC. Economic Damages Economic damages are calculable sums for reimbursement of money lost due to the negligence, recklessness or intentional acts of others. The first [...]
Understanding New York’s No-Fault Law
New York is one of the twelve states in the country with no-fault motor vehicle accident laws. The other no-fault states are Florida, Kansas, Hawaii, Massachusetts, Kentucky, Minnesota, Michigan, New Jersey, North Dakota, Utah and Pennsylvania. It’s called no-fault because your medical bills, lost wages and some out of pocket expenses are paid regardless of how the accident happened. What many people don’t know is that the law was passed to decrease personal injury claims, so it limits lawsuits against the at fault parties to cases where there is a “serious permanent injury.” This law is complicated and failing to properly meet the requirements can cause your case to be delayed or even dismissed. That’s why [...]
How To Get Your Insurance Company To Pay Your Covid Business Interruption Claim
You've paid your insurance diligently for years, trusting that your insurance company would pay out on your claim should the need arise. Then Covid arrives and with lockdowns that close your business, but you're still on the hook for the rent, contracts with suppliers and many other expenses. You purchased business interruption insurance for just such a scenario, but now they're trying to worm their way out of paying out on your claim. It takes experience to go up against insurance companies that love to accept premiums, but don't like to pay out on claims. That's why it's good to know that a New York covid business interruption attorney can help you get the insurance company [...]
Why You Need The Best Pedestrian Accident Attorney
According to the Center for Disease Control and Prevention (CDC,) close to 6,000 pedestrians are killed by traffic accidents every year. That’s close to a death every ninety minutes! Pedestrians are much more likely to be killed or suffer catastrophic injuries from a crash, with over 135,000 treated yearly in emergency rooms. Pedestrian accidents are the number one cause of death for children under the age of fourteen, and the number two killer of seniors. In response, NYC has developed a “Vision Zero” plan to eliminate preventable crashes through enforcement, engineering and education. The best car accident lawyers in Queens have worked with the city to share their knowledge of how to prevent more accidents in [...]