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.
What’s The Hype About Stacey Abrams?
We might just be seeing Stacey Abrams on the ticket for the 2020 Presidential election. The former Democratic Leader of the Georgia House of Representatives, and 2018 Democratic Party contender for Governor of Georgia, is being courted by several of the Democratic Presidential candidates as a running mate. This savvy Yale graduate was the first black woman to become the gubernatorial nominee for a major party and has launched “Fair Fight,” a voting rights organization taking the initiative on funding the training of voter protection teams in twenty battleground states. If she’s not on the ticket this year, she’s young enough to make a go at it later. In fact, she told “The Hill,” in January [...]
My Time With Ruth
I’m eternally grateful that I had the opportunity to study Constitutional Law with Ruth Bader Ginsburg during the Summer of 1996. She remains a great inspiration to me, inspiring me to share some of her contributions with you today. She’s a groundbreaking lawyer, women’s rights activist and Supreme Court Justice that’s changed the World. Early Life and Career Ruth Bader Ginsburg was born in Brooklyn in 1933, daughter of a furrier and a garment worker. She was an exceptional student, graduating first in her class from Cornell, and from there she became one of the few women in her class at Harvard Law School. Later she became the first female member of the prestigious Harvard Law [...]
4 Ways to Find an Excellent Personal Injury Lawyer in NYC
You probably know that looking at billboards and listening to commercials is not the best way to find a personal injury lawyer in NYC. There are so many choices and you’re under so much stress due to the trauma of having an accident and concerns about your health due to your injuries. New York City is a big place, so you may want to narrow your search to a Queens, Bronx, Manhattan, Staten Island or Brooklyn Personal Injury Attorney. That’s why it’s helpful to take a look at these 4 ways to find an excellent personal injury lawyer in NYC before starting your search. NUMBER ONE:A good starting point is word of mouth. Ask your colleagues, [...]
How to Settle A Car Accident Case
Only the tiniest percentage of traffic accident cases go to trial. That’s because it’s usually pretty clear how an accident happened, and if it’s not a compromise is used as a basis for settlement. It’s rare that a car accident is so complex that it requires the testimony of an accident reconstruction expert. If you’ve been seriously injured, information about the value for damages can be estimated from other cases where people had similar diagnoses and treatment. So why do you need a lawyer to represent you if the cases don’t go to trial? Personal injury attorneys know how to develop evidence for your case that will force the insurance to settle prior to trial. Here’s [...]
Traumatic Brain Injuries (TBI) and Low Impact Collisions
Don’t believe the insurance companies when they say that it’s impossible to sustain serious injuries in a low impact collision. The reality is that traumatic brain injuries (TBI) can be sustained any time there is force to the head. Brain trauma occurs in car accidents when the head is either propelled into the steering wheel, windshield or other hard objects in the vehicle. When a car is struck, sometimes the brain itself continues to move, causing it to collide with the hard bones of the skull. That’s whyan experienced Queens Brain Injuries Attorney will always recommend a trip to the emergency room after any head injury. A Slight Headache Can Be a Symptom of TBI If [...]
Martin Luther King and The Montgomery Bus Boycott
Martin Luther King Day was signed into law as a federal holiday in 1983, but was not established in all 50 states until 2000. The holiday celebrates the contributions of slain civil rights leader Dr. Martin Luther King Jr., known for his contribution to ending segregation in the United States, and the tactics of civil disobedience that were used to achieve this goal. The Montgomery Bus Boycott was one of his first successes. On the evening of December 1, 1955, 42 year old Rosa Parks boarded the Cleveland Avenue bus in Montgomery, Alabama after a long day at work. She took a seat in the “colored” section of the bus, as was required under Montgomery’s segregation [...]