A recent Supreme Court ruling could have a dramatic effect on current and future lawsuits regarding excessive force in New York City. The ruling clearly states that the written standards regarding what force is warranted and what is considered excessive are the only delineator required. In short, the ruling shoots down the defense of officers who claim special circumstances warranted force above and beyond what is normally considered appropriate.
The ruling specifically applies to cases involving individuals who claim they were subjected to excessive force while in custody prior to their trial. Prisoners should seek help from an excessive force attorney in New York and pursue a claim against the NYPD or Department of Correction for monetary compensation for any injuries they have suffered.
The court stated that in many such cases corrections officers and jail employees use force as punishment rather than as a means to regain control of a situation. In fact, Justice Antonin Scalia even stated his opinion that these instances of excessive force may have been caused, in part, by misjudgments on the part of officer in question.
Justice Stephen Breyer wrote in the court’s opinion that a number of objective factors are all that’s needed to determine if the use of force was excessive. These include: “The relationship between the need for the use of force and the amount of force used; the extent of the plaintiff ‘s injury; any effort made by the officer to temper or to limit the amount of force; the severity of the security problem at issue; the threat reasonably perceived by the officer; and whether the plaintiff was actively resisting.”
If you have suffered injury at the hands of the New York City Police Department or any branch of the corrections system, contact a New York City excessive force attorney immediately. You could be entitled to compensation for pain and suffering, lost wages, and more. Call the Law Offices of Nussin S. Fogel for a free consultation at (800) 734-9338 or (212) 385-1122 to learn your rights.