The Law Office of Herbert Schmell and Associates
1454 St. Nicholas Avenue, NY, NY 10033
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A civil demand for compensation on a false arrest or excessive force civil rights violation claim requires you to hire a civil rights lawyer who would need to file a claim. The lawsuit can be can be brought to the state or federal courts level, including actions under § 1983 of the United States Code. An experienced false arrest attorney will be able to better determine which course of action to take. Be aware that it is most likely you will never get your false arrest lawsuit claim to trial because of the high likelihood that a settlement will be reached prior to the commencement of any trial.
If you can show that the officer was malicious you may be entitled to more money or what is referred to as “punitive” damages. A common example of a false arrest situation is where an officer arrests a black kid suspected of shoplifting, with no real suspicion that the kid did anything wrong, only because he may have been the only black kid in the store. He could also have been was picked because of a typical police tactic called “subject profiling”.
If you have been a victim of false arrest, police brutality, excessive use of force you may be entitled to compensation. For a free case evaluation contact us by submitting the form below. A civil rights attorney in your area will review your case's particular facts with you and advise you of your legal options.
In New York City a black teenager was falsely accused of robbing another teenager at gunpoint. He was charged with armed robbery and aggravated assault. Even though the New York police arrived within minutes, no gun was found on him or near the scene. Because the teenager had an extensive criminal past he was an instant suspect, so the police immediately placed him under arrest. All along the teenager was begging the police officers to speak to other eye-witnesses in the neighborhood that could corroborate his story that he did nothing wrong. He spent the next several days in jail before being released on bond. While in police custody the teenager was placed in a station house holding cell with adult inmates as he waited to be transported to a juvenile facility during which time he was beaten to near death by another adult inmate. At his criminal trial his attorney was able to produce I witnesses that collaborated the teenagers statement at the time of arrest that he never robbed the victim and was never seen in possession of a gun at the time. The police erred in not conducting a thorough investigation. Had they bothered to ask for witnesses they would have realized that they lacked reasonable probable cause to arrest the teenager without first presenting the case to a grand jury. Because of their mistake and haste to arrest someone, the teenager was beaten, Ill-treated and his civil rights were violated. The case was settled out of court for an undisclosed amount. He was originally asking for 10 million dollars.
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“I was falsely arrested by the New York City Police Department - What do I do now?"
New York False Arrest Attorney – Lawyer
The legal requirements in the state of New York regarding an action for false arrest, imprisonment and/or malicious prosecution
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If you were a victim of false arrest, police brutality, unlawful detention, confinement, humiliation, physical, mental harm, use of excessive force or threats you may be able to collect compensation. However no amount of compensation will ever resolve the fact that your civil rights were violated and these scares might never heal. The police in New York City have a difficult and often dangerous job, but most encounters between the NYPD police officers and members of the public do not result in ill-treatment. However the police have a responsibility to ensure that ill-treatment and excessive force will not be tolerated under any situation. Find a Lawyer in your area. Choose from a city within to find a closer match.
Call The Law Office of Herbert Schmell and Associates 1454 St. Nicholas Avenue, NY, NY 10033 @ 212-599-2800
The information contained on the site is not designed to provide legal advice over the Internet. Legal advice is dependent upon the specific circumstances of each situation. The information provided here is targeted toward cases in New York. The law varies from state to state, so that some information provided herein may not be correct outside New York State. In addition, civil rights cases involve federal law which may vary from one federal jurisdiction to another. While every effort is made to keep the content on this site current, the information contained herein is not guaranteed to be up-to-date. Therefore, the information provided herein cannot replace the advice of competent legal counsel licensed in your state.
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