FALSE ARREST AND POLICE BRUTALITY

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches, seizures of property, and from unwarranted arrests. In order for a lawful arrest to take place, arresting officers must have probable cause or an arrest warrant issued by a court with the jurisdiction to do issue such a warrant. Unfortunately, overzealous and violent actions by police officers are all too common throughout the five boroughs of New York City. There are many different types of police misconduct cases including false arrests, false imprisonments, malicious prosecutions, excessive force, and police brutality. Some examples of police brutality and excessive force include unnecessary and excessively tight handcuffing, tasing, choke holds, and unprovoked shootings.

Are You a Victim of False Imprisonment?

False arrest is often accompanied by trauma and other harmful unintended consequences. Officers who commit false arrests may use excessive force, humiliation, or other tactics in conjunction with the arrest. Fortunately, the law affords important civil protections to victims of false arrest, and individuals who have been falsely arrested may face sanctions or other discipline by their employers. Ratsenberg & Associates, P.C. are false arrest attorneys in New York City who understand the violations and damage that a false arrest can cause, and we fight diligently to protect the civil rights of our clients.

Other Parties Can be Sued as Well

Depending on the specific circumstances of the case, there may be other law enforcement officials that can be sued in false imprisonment cases as well.
Unlawful imprisonment in New York can also occur when:
  • A private security firm holds you against your will. For example, if a store accuses you of shoplifting and detains you illegally, you may be able to take action against the store’s security with the help of a lawyer.
  • A person makes inaccurate accusations against you that have no basis in fact for the sole purpose of having you arrested. If someone who does not like you goes to the police and tells them that you committed a crime, pressing charges and getting you arrested, the person who filed the false accusation may be responsible for false arrest.
  • A bounty hunter acts outside of the bounds of the law in pursuing you and detaining you. If a bounty hunter goes outside the permitted jurisdiction and detains you against your will, this can constitute grounds for a false imprisonment claim.
  • Claims against private property owners who have security personnel who have detained or arrested shoplifters improperly.
  • We can also provide assistance for children who have been falsely imprisoned on school buses.

Hold Police Accountable

It is important to hold the law enforcement accountable for any official police misconduct in New York City, whether it is false arrest or any other civil rights violation or wrongdoing. It may seem a daunting prospect to go up against the police department, which has the force of the government’s authority behind them. Opposing a government agency has special rules and complexities that other civil cases lack. While they are often difficult, they can be won, and you may well succeed in winning substantial compensation for your economic, physical, and emotional damages.

FALSE ARREST AND POLICE BRUTALITY

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches, seizures of property, and from unwarranted arrests. In order for a lawful arrest to take place, arresting officers must have probable cause or an arrest warrant issued by a court with the jurisdiction to do issue such a warrant. Unfortunately, overzealous and violent actions by police officers are all too common throughout the five boroughs of New York City. There are many different types of police misconduct cases including false arrests, false imprisonments, malicious prosecutions, excessive force, and police brutality. Some examples of police brutality and excessive force include unnecessary and excessively tight handcuffing, tasing, choke holds, and unprovoked shootings.

Are You a Victim of False Imprisonment?

False arrest is often accompanied by trauma and other harmful unintended consequences. Officers who commit false arrests may use excessive force, humiliation, or other tactics in conjunction with the arrest. Fortunately, the law affords important civil protections to victims of false arrest, and individuals who have been falsely arrested may face sanctions or other discipline by their employers. Ratsenberg & Associates, P.C. are false arrest attorneys in New York City who understand the violations and damage that a false arrest can cause, and we fight diligently to protect the civil rights of our clients.

Other Parties Can be Sued as Well

Depending on the specific circumstances of the case, there may be other law enforcement officials that can be sued in false imprisonment cases as well.
Unlawful imprisonment in New York can also occur when:
  • A private security firm holds you against your will. For example, if a store accuses you of shoplifting and detains you illegally, you may be able to take action against the store’s security with the help of a lawyer.
  • A person makes inaccurate accusations against you that have no basis in fact for the sole purpose of having you arrested. If someone who does not like you goes to the police and tells them that you committed a crime, pressing charges and getting you arrested, the person who filed the false accusation may be responsible for false arrest.
  • A bounty hunter acts outside of the bounds of the law in pursuing you and detaining you. If a bounty hunter goes outside the permitted jurisdiction and detains you against your will, this can constitute grounds for a false imprisonment claim.
  • Claims against private property owners who have security personnel who have detained or arrested shoplifters improperly.
  • We can also provide assistance for children who have been falsely imprisoned on school buses.

Hold Police Accountable

It is important to hold the law enforcement accountable for any official police misconduct in New York City, whether it is false arrest or any other civil rights violation or wrongdoing. It may seem a daunting prospect to go up against the police department, which has the force of the government’s authority behind them. Opposing a government agency has special rules and complexities that other civil cases lack. While they are often difficult, they can be won, and you may well succeed in winning substantial compensation for your economic, physical, and emotional damages.
 
When the arrest can be shown to be especially malicious, the jury may also award you punitive damages, an extra amount designed not as compensation for your losses but as punishment for the officer(s) who were responsible. Call us to learn more.
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