Lawyer Representing Clients Against Police Brutality in Essex County
Illegal police force is a violation of your civil rights. It’s an honorable job, and the police are here to help, however, sometimes the forced used on a person is excessive. When the Police Officer exceeds his authority, and exerts excessive force upon you or a loved one, resulting in serious injury, you are entitled to justice.
What is Police Brutality?
When a police officer or a person who is under the control of the “state”, and uses unreasonable force while acting in his capacity as an officer of the state, it is considered police brutality. We all want to feel protected by the Police, and officers are permitted to use reasonable force to protect themselves and others. The Police however are not permitted to use excessive force. Excessive force is a case-by-case analysis, and will be judged based upon what the officer knew at the time, the environment around the officer, the obstacles the officer is facing, the location and time of day, as well as the officers experiences. The Court will look at the totality of the circumstances, and what a reasonable officer should do in the situation.
So, what type of injury would rise to the level of a police brutality claim? It really depends on the permanency of the injury. But it also depends on the conduct of the officer, and if that conduct was especially egregious. We have handled cases and received settlements for our clients even after the person resists arrest or disrespects the officer and pled guilty to charges. We typically view each case individually and on its own merit. But the typical police brutality case will involve
- Handcuffs that were so tight our client required surgery to repair the damage
- Clients assaulted by multiple officers at the police station
- Assaults while being arrested
- People who were pepper sprayed after they were in handcuffs
- Failure to provide medical treatment for injured suspects
What to Do After an Injury Due to Police Brutality
Report it immediately. Seek out the assistance of an attorney. Under the New Jersey Tort Claims Act, you must report a personal injury claim within 90 days after the injury. Furthermore, both federal and state law provides immunities to law enforcement employees. You must act quickly to protect your rights. If you need legal assistance, The Mark Law Firm is a qualified team that handles police brutality cases for clients.
Can I Recover Money For My Injuries?
It is very possible. When a police officer has acted with excessive force, and the result is police brutality, then money damages should be awarded to you. When a police officer acts with excessive force, then the immunities granted to him as a police officer disappear.