Every person has constitutional rights when interacting with law enforcement. While police officers perform an important public service, they are not above the law. When officers use excessive force, make unlawful arrests, conduct illegal searches, or otherwise violate a person’s civil rights, victims may have the right to pursue legal action.
Hill & Moin LLP represents individuals and families throughout New York whose rights have been violated through police misconduct and excessive force. Our attorneys understand the physical, emotional, and financial consequences of police brutality and are committed to helping clients pursue accountability and compensation.
Your case. Your future. Our priority.
What You Need to Know About Police Brutality Claims
Police officers are authorized to use reasonable force when necessary under the law. However, excessive or unnecessary force, unlawful detention, and other forms of misconduct may violate both the U.S. Constitution and New York law.
A successful police misconduct claim generally requires evidence that an officer or law enforcement agency acted unlawfully and that those actions caused injury or violated protected constitutional rights.
Depending on the circumstances, claims may be brought against individual officers, municipalities, or other responsible government entities.
You deserve a law firm that prioritizes your rights and your future. Contact Hill & Moin LLP today for a confidential, no-obligation consultation.
What Is Considered Police Brutality?
Police brutality refers to unlawful or excessive conduct by law enforcement officers that causes physical injury, emotional harm, or violations of constitutional rights.
Examples include:
- Excessive physical force
- Unlawful shootings
- Improper use of Tasers
- Unjustified use of pepper spray
- Baton assaults
- Neck restraints or chokeholds prohibited by law
- False arrest
- False imprisonment
- Illegal searches and seizures
- Malicious prosecution
- Failure to intervene when another officer uses excessive force
Not every use of force is unlawful. The facts of each case must be carefully evaluated under applicable federal and state law.
Common Injuries Caused by Police Misconduct
Victims of excessive force often suffer serious physical and emotional injuries.
Common injuries include:
- Traumatic brain injuries
- Broken bones
- Facial fractures
- Neck injuries
- Back injuries
- Spinal cord injuries
- Internal injuries
- Lacerations
- Permanent nerve damage
- Psychological trauma
- Post-traumatic stress disorder (PTSD)
- Wrongful death
These injuries may require extensive medical treatment and long-term rehabilitation.
Why Police Brutality Cases Can Be Complex
Civil rights cases involving law enforcement differ from many other personal injury claims.
These cases often require:
- Body camera footage
- Surveillance video
- Witness statements
- Medical records
- Police reports
- Dispatch recordings
- Expert testimony
- Analysis of departmental policies and training
Claims against municipalities and government agencies may also involve strict procedural requirements and filing deadlines.
Prompt legal action can help preserve important evidence before it is lost or destroyed.
Recent Police Misconduct Statistics
Public reporting and oversight continue to highlight concerns about police use of force and accountability.
| Police Accountability Fact | Recent Data |
| Federal accountability records | The Bureau of Justice Statistics reported that the National Law Enforcement Accountability Database contained 4,790 misconduct records involving 4,011 federal officers for incidents occurring between 2018 and 2023. |
| Sustained misconduct | Approximately 63% of records in the federal accountability database involved sustained complaints or disciplinary findings for serious misconduct. |
| FBI reporting | The FBI continues to collect nationwide law enforcement use-of-force data to improve transparency and public reporting. |
| National justice statistics | The Bureau of Justice Statistics remains the federal government’s primary source for criminal justice and law enforcement statistical reporting. |
These data illustrate why preserving evidence and consulting an attorney promptly can be critical when civil rights violations are suspected.
Don’t wait—your future starts with one phone call. Contact Hill & Moin LLP today.
What Compensation May Be Available?
If your constitutional rights were violated, you may be entitled to compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Psychological counseling
- Permanent disability
- Loss of enjoyment of life
- Wrongful death damages for surviving family members, where applicable
Every police misconduct case is unique, and the available damages depend on the specific facts and applicable law.
What Should You Do After Experiencing Police Brutality?
Taking the right steps after an incident can help protect your rights.
Police Misconduct Checklist
- Seek immediate medical attention.
- Photograph visible injuries as soon as possible.
- Preserve damaged clothing or personal property.
- Obtain contact information for witnesses, if available.
- Save videos, photographs, and communications related to the incident.
- Keep copies of medical records and treatment bills.
- Avoid discussing the incident publicly until speaking with an attorney.
- Contact Hill & Moin LLP as soon as possible.
Understanding the Legal Process
Step 1: Confidential Consultation
Our attorneys review the circumstances of the incident and evaluate potential constitutional and civil claims.
Step 2: Investigation
We gather medical records, body camera footage, surveillance video, witness statements, police reports, and other evidence.
Step 3: Filing the Claim
We prepare the appropriate legal filings and pursue claims against the responsible individuals or governmental entities.
Step 4: Negotiation
Many civil rights cases resolve through negotiated settlements after a thorough investigation.
Step 5: Trial
If a fair settlement cannot be reached, Hill & Moin LLP is prepared to advocate for your rights in court.
Settlement vs. Trial
| Settlement | Trial |
| May resolve more quickly | May require additional time |
| Compensation negotiated | Judge or jury determines damages |
| Greater certainty | Outcome less predictable |
| Lower litigation costs | Opportunity to present all evidence publicly |
| Private resolution | Public court proceedings |
Every police brutality claim requires an individualized legal strategy based on the available evidence and the specific constitutional issues involved.
Why Choose Hill & Moin LLP?
Hill & Moin LLP has represented injured New Yorkers for decades in complex police misconduct, personal injury, wrongful death, catastrophic injury, and civil rights matters.
Clients choose Hill & Moin LLP because we provide:
- Personalized legal representation
- Thorough investigations
- Careful review of constitutional claims
- Skilled negotiations
- Trial-ready advocacy
- No attorney fees unless compensation is recovered, when permitted by the representation agreement
We understand the profound impact police misconduct can have on individuals and families, and we are committed to protecting your rights every step of the way.
Speak with a trusted New York attorney at Hill & Moin LLP—your future deserves protection.
Frequently Asked Questions About Police Brutality Claims
What qualifies as police brutality?
Police brutality generally involves excessive or unreasonable force, unlawful detention, false arrest, illegal searches, or other actions that violate a person’s constitutional rights. Whether conduct is unlawful depends on the specific facts and applicable law.
Can I file a lawsuit if criminal charges against me were dismissed?
Possibly. The dismissal of criminal charges does not automatically determine whether you have a civil rights claim. An attorney can evaluate whether your constitutional rights were violated.
What evidence is important in a police misconduct case?
Body camera footage, surveillance video, medical records, photographs, witness statements, dispatch recordings, and police reports can all be valuable evidence.
How long do I have to file a police brutality claim in New York?
The applicable deadline depends on the nature of the claim and the parties involved. Claims against municipalities and government entities often involve additional notice requirements and shorter deadlines, making prompt legal advice especially important.
How much does it cost to hire Hill & Moin LLP?
Hill & Moin LLP handles many civil rights and personal injury matters on a contingency fee basis. During your consultation, we will explain the fee arrangement that applies to your case.
Contact Hill & Moin LLP Today
If you believe your constitutional rights were violated through excessive force or other police misconduct, you deserve experienced legal guidance. Taking action promptly can help preserve evidence and protect your ability to pursue justice.
When your rights, health, and future are on the line, every decision matters. Call Hill & Moin LLP today and take the first step toward protecting your future and pursuing accountability.
Contact Hill & Moin LLP today to schedule your confidential, no-obligation consultation.
