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 No-Fault Case?
“No-fault laws” have been in effect throughout most of the United States since the 1970’s, so most people are aware of these laws, but there are many misconceptions about how they operate. The purpose of “no-fault” legislation was to reduce the number of lawsuits for personal injuries arising from traffic accidents, but it has actually resulted in an increase in litigation. It’s ironic that personal injury attorneys are now sometimes called no-fault lawyers and people injured in traffic accidents ask, “Do I have a no-fault case?” Let me set the record straight! Prior to no-fault laws, personal injury cases for traffic accidents were like all other types of personal injury cases. If a person was injured [...]
How to Avoid Scams When Seeking an Accident Attorney
Billboards, pop-up ads, Facebook feeds - everywhere you look, there are lawyers offering “No Fee Unless We Win,” and claims that they can collect “Billions of Dollars.” They call you at the hospital, they want to come to your house, they offer to give you money, they send you to “their doctor.” With this cacophony, it’s useful to know how to avoid scams when seeking an accident attorney. When seeking a reputable accident attorney, the first place to look is at the venerable firms in your area that have been serving the community for generations. These prestigious firms that are sustained and grown mostly by referrals are usually the most trustworthy. Scammers and shysters are often “fly [...]
How to Choose the Best Malpractice Attorney
Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law. This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years. Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are. When a medical malpractice attorney accepts a case, they know that they are agreeing to a substantial amount of work over several years and also to a substantial investment in capital to prosecute the case. A qualified Queens Medical Malpractice attorney is always happy to explain their ability and experience. Medical Malpractice cases [...]
Is An Employer Liable For Employee Car Accidents?
An employer is generally responsible for the harm their employee does to others. This is limited to harm that is accidental and “within the scope of employment.” So if, for example, the pizza delivery person, en-route to a delivery, knocks over a pedestrian. The pizza place is liable, as well as their employee, because it was “within the course of his employment” to be delivering pizza. This is called “vicarious liability,” and the best way to know if it applies to a specific situation is to consult with an Brooklyn Car Accident Attorney. If the employee decided to abscond with the pizza and head for Canada, the pizza shop would not be liable for his “rogue” [...]
Keeping Your No-Fault Benefits after a Traffic Accident
How to Keep Your No-Fault Benefits Open If you’ve been injured in a traffic accident, your medical bills are usually paid by your car insurance. This benefit is commonly referred to as a “no-fault” benefit, as you are entitled to this coverage regardless of how the accident happened. This covers drivers, passengers and pedestrians that are involved in traffic accidents unless the accident happened while the person was working. It’s important to note that health insurance will not cover medical bills from traffic accidents, the no-fault benefits are primary. If you are eligible (the accident didn’t happen while you were working,) no-fault will pay the bills for any ambulance and emergency room treatment resulting from a [...]
Drivers & Passengers: Keeping Safe in Rideshares
How Safe Are Rideshares? Companies such as Lyft, Uber, Juno and Via provide many of us with viable ways to get around New York City. It is also a source of income for many individuals. While appreciating the convenience these apps provide, it is important that both drivers and passengers take adequate precautions to ensure that trips are safe. Here are five tips we suggest you follow. Avoid Illegal Street hails NYC’s Taxi & Limousine Commission prohibits drivers of rideshare companies from picking up passengers that try to hail a ride. Only yellow and green cabs are allowed to pick up street hails. Besides risking hefty fines issued by NYC or TLC officers, rideshare drivers who [...]