New York Police Brutality - Civil Rights Lawyer
False Arrest, Malicious Prosecution And Excessive Use of Force
New York City Police Department Stop and Frisk- An Abuse of Power
New York City Police Department History of Stop and Frisk, Police Brutality, Malicious Prosecution and False Arrest
The New York City Police Department (“NYPD”) made 4.4 million stops between January 2004 and June 2012. Black and Hispanics made up 80% of the 4.4 million people stopped. According to the landmark decision in Floyd v City of New York , 959 F. Supp2d 540 (2013) the court found that the New York City Police Department’s use of stop and frisk violated the constitutional rights of black and Hispanic New Yorkers in two ways:
- (1) they were stopped without a legal basis in violation of the Fourth Amendment, and
- (2) they were targeted for stops because of their race in violation of the Fourteenth Amendment.
The court in Floyd v City of New York also found the following additional facts:
- The number of stops per year rose sharply from 314,000 in 2004 to a high of 686,000 in 2011.
- 52% of all stops were followed by a protective frisk for weapons. A weapon was found after 1.5% of these frisks. In other words, in 98.5% of the 2.3 million frisks, no weapon was found.
- 8% of all stops led to a search into the stopped person’s clothing, ostensibly based on the officer feeling an object during the frisk that he suspected to be a weapon or immediately perceived to be contraband other than a weapon. In 9% of these searches, the felt object was, in fact, a weapon. 91% of the time, it was not. In 14% of these searches, the felt object was in fact contraband. 86% of the time it was not.
- 6% of all stops resulted in an arrest, and 6% resulted in a summons. The remaining 88% of the 4.4 million stops resulted in no further law enforcement action.
- In 52% of the 4.4 million stops, the person stopped was black, in 31% the person was Hispanic, and in 10% the person was white.
- In 2010, New York City’s resident population was roughly 23% black, 29% Hispanic, and 33% white.
- In 23% of the stops of blacks and 24% of the stops of Hispanics, the officer recorded using force. The number for whites was 17%.
- Weapons were seized in 1.0% of the stops of blacks, 1.1% of the stops of Hispanics, and 1.4% of the stops of whites.
- Contraband other than weapons was seized in 1.8% of the stops of blacks, 1.7% of the stops of Hispanics, and 2.3% of the stops of whites.
- Between 2004 and 2009, the percentage of stops where the officer failed to state a specific suspected crime rose from 1% to 36%.
I represent citizens in false arrest and use of excessive force litigation because every citizen has the right to be free from abuse of force the government. The Founding Fathers created a government and disarmed themselves, giving the government a monopoly on the use of physical force. In return, the government explicitly promised in the Bill of Rights that it would protect our rights.
The Bill of Rights is a series of restrictions on the power of the United States government to interfere with our natural rights of liberty and property, including but not limited to, freedom of speech, a freedom of the press, free assembly, free association, and the right to keep and bear arms. The Fourth, Fifth and Sixth Amendments to the United States Constitution are a part of the Bill of Rights which is the first ten amendments to the United States Constitution.
The government must have objectively defined laws, rules, and procedures for the trial and punishment of crimes. We have a right to defend ourselves against false accusations and imprisonment by an overzealous prosecutor, a biased judge or corrupt government.
The American jury system because it is the only legal system where regardless of your socio-economic, racial or religious background it can keep the government to its promise of protecting our rights. Thomas Jefferson wrote, “I consider Trial by Jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution”. The Founding Fathers did not trust an all-powerful government such the monarchy that existed in England. The American jury system keeps the government to its promise of protecting the rights to the innocent.
You have the right to an attorney who will help protect you from the abuse of governmental power. The right to counsel is the key to protecting our right to liberty and life. The right to counsel is most important at the time a fellow citizen is arrested. Former United States Supreme Court Justice Byron White said that the greatest miscarriage of justice occurs at the identification phase of a criminal prosecution.
Consequently, if you are a considered a person of interest by the government or have been abused or falsely accused of a crime you must get immediate legal representation. For an immediate free consultation please call Bryan J. Hutchinson Bronx, New York police brutality lawyer at (718) 671-0900.
New York Police Department Use of Force And The Protection of Individual Freedom
I represent citizens in police misconduct cases because I wholeheartedly believe in the principles of The Founding Fathers:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”
The government is formed by the people to help us solve civil disputes and protect us from domestic and foreign criminals. According to Patrick Henry “[t]he Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government lest it comes to dominate our lives and interests.” The government has only so much power as we grant it.
“A government is the most dangerous threat to man’s rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.” — Ayn Rand, Philosopher — You have the right to be free from the use of excessive force by the government. Should the government abuse the power we granted it then we must revoke those powers or seek redress.
Every member of our society is entitled to equal protection from the tyranny of the government. The Declaration of Independence reminds us “All men are created equal.” The Bible also reminds us in Galatians 3:28 that “There is neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus.” Unfortunately, members of the African American and low-income social groups are often the victim of police misconduct. Socially disadvantaged groups need the protection from the government more than any other group.
In our history, some people have condoned government abuse in the false belief that it makes them safer. However, those who would deny victims of police misconduct compensatory damages must be reminded that Benjamin Franklin said: “Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one.”
We are all entitled to fair and just compensation for injuries caused by the government. Henry David Thoreau wrote that “Whatever the human law may be, neither an individual nor a nation can commit the least act of injustice against the obscurest individual without having to pay the penalty for it.”
We place our trust in a jury system because it is the only means to hold the government to the principles of the constitution. Socially disadvantaged groups do not have the economic clout to change police procedures. That is why seeking damages before a jury for violation of our civil rights is the most powerful tool in reigning in abuse of government power.
All our civil rights cases are based upon a contingency fee arrangement. We do not charge clients any attorney fee unless we recover money for our clients.
You are entitled to compensatory damages for:
- Past and future medical expenses;
- Loss of earning, including future earnings;
- Physical and mental pain and suffering, including but not limited to damages for discomfort, disfigurement, humiliation, emotional trauma, loss of body function, injuries for racial discrimination and police misconduct or the death of a loved one.
If your civil rights have been violated by the government call immediately because the law limits the time you must file a notice of claim. Call Bryan J. Hutchinson, Bronx, New York police brutality lawyer for a free consultation at (718) 671-0900.