By: Gregg Zeff
On: January 6, 2025
If law enforcement officers, whose primary responsibility is to protect and serve, violate your civil rights or commit illegal acts against you, you may have been a victim of police brutality, misconduct, or excessive force. If you believe you have been a victim of police brutality, it is essential to understand your rights and constitutional protection.
What Constitutes Police Brutality?
Officers of the law who engage in a verbally abusive manner or physically assault their victims may be committing acts of police brutality. Police brutality is often driven by anger and discrimination and can lead victims to injury or even in some cases, death.
What Constitutes Police Misconduct?
Police misconduct occurs when law enforcement officials violate: a person’s constitutional rights; federal and state laws; or, sometimes, standing police training policies or protocols. Several examples of police misconduct include:
- False arrest or malicious prosecution
- Police brutality or excessive use of force
- Due process violations
- Illegal search and seizure or planting evidence
- Police shooting or taser abuse
- Prison abuse
- Wrongful death
Police misconduct has been an age-old issue that persists today. Recent statistics show no rise or decline in the number of police misconduct cases. Despite pressure and limelight, there are still those who abuse the power and authority of their profession to unlawfully or unethically interact with people they are sworn to serve and protect.
What Is Excessive Force?
Excessive force is deemed as the use of force that goes beyond what a reasonable officer of the law would use to apprehend or question an individual. Excessive force is a type of police misconduct and police brutality that can result in physical, emotional, and psychological injuries. In some cases, excessive force can lead to death. Police officers are allowed to use a reasonable amount of force to effectively gain control of the situation when there are no other feasible alternatives. When law enforcement officials use excessive force in a particular instance, it can be classified as lethal or non-lethal force. While lethal force normally involves the use of firearms and other similar weapons, non-lethal force can include the use of restraints, tasers, batons, and chemical sprays. Non-lethal force if used excessively can incur significant injury or death. Excessive force may include:
- Unwarranted or unreasonable use of a firearm or other weapon, such as a taser.
- Unwarranted beatings of an alleged victim
- Unwarranted strip search
- Sexual misconduct
What are the differences between Police Brutality, Misconduct, and Excessive Force?
Police misconduct, police brutality, and excessive force are interrelated as actions and behaviors used by law enforcement officials in an unlawful or unwarranted manner, violating the civil rights of the alleged victim. A key differentiation between the terms lies in the application to those who are in violation. Excessive force may apply to any government official, while police misconduct and police brutality are directed specifically to law enforcement officials.
What Are My Rights When It Comes to Excessive Force in PA & NJ?
The protections afforded to citizens from excessive force are preserved as a Constitutional Right. The Fourth Amendment protects people from unreasonable searches and seizures. This law also offers protection from police brutality. In conjunction with the Fourth Amendment, several other federal statutes also protect our rights from police misconduct, including the First, Fifth, and Fourteenth Amendments. The application of excessive force is deemed by the courts as an unreasonable seizure, thus enabling victims to grieve these violations of their civil rights.
Can I File a Federal Civil Rights Claim for Police Misconduct?
Victims of police misconduct may file a federal civil rights claim. The 1964 Civil Rights Act preserves individual’s civil rights and liberties. Section 1983 of the Civil Rights Act enables a person to bring litigation against governmental entities that have violated their civil rights.
Can I File a State Law Claim for Police Brutality in Pennsylvania & New Jersey?
In both Pennsylvania and neighboring New Jersey, individuals who have been injured by police brutality may file claims in the prospective state. Personal injury claims and wrongful death lawsuits can be brought against those officers of the law whose negligence or misconduct caused an injury.
What Types of Damages Are Covered in a Police Misconduct Case?
Compensation for damages incurred by police misconduct claims may cover:
- Lost wages
- Medical expenses
- Punitive damages
- Pain and suffering
In other instances, such as car accidents, pedestrian accidents, or stray shots may also prove negligence on behalf of law enforcement officials, thus enabling victims to recover damages. Families of individuals who have died from police brutality may also be able to bring forth claims of wrongful death and seek compensation. Awarding compensation can range from simple calculations related to expenses accrued regarding the incident to a complicated myriad of factors for pain and suffering damages.
What are the Limitations for Filing Claims on Police Misconduct in Pennsylvania & New Jersey?
Limitations for filing claims in Pennsylvania And New Jersey have two critical points. First, the injured party must submit a written notice of their claim to the relevant governmental agency within six months from the injury. The second is identical to personal injury cases, the injured have two years from injury date to file a lawsuit. Ascertaining the assistance of an experienced police brutality attorney can prove critical in complying with the specific dates and nuances in filing deadlines and building your case.
How Can I Find an Experienced Attorney for My Police Misconduct Case in Pennsylvania & New Jersey?
Being the victim of police misconduct or police brutality can be a harrowing experience. Whether you were a victim of a civil rights violation, excessive force, or false arrest, the experts at Zeff Law Firm can guide you through these difficult times. At Zeff Law Firm, our team of experts hold 30 years of litigating personal injury law and are leaders in police brutality cases. Gregg Zeff currently serves as the Legal Redress Chair of NAACPNJ and was formerly in the same position for Pennsylvania. Attorney Zeff has recently won multiple cases for victims of police brutality and most recently is in litigation over discrimination with the New Jersey Police.
Navigating a claim against police brutality, police misconduct, or excessive force can be a daunting task. Gregg Zeff and his team will provide you with the expertise and guidance necessary to protect your rights and obtain the compensation you deserve. Contact Zeff Law Firm for your free consultation today.