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Landmark Ruling in Case of Excessive Force in New York City

| Jan 7, 2019 | Excessive Force

The City of New York has settled out of court with the family members of a woman who was shot and killed by an NYPD police sergeant. This payout is the direct result of an alleged case of excessive force in the Bronx. In 2016, a 66-year-old woman was shot and killed in the bedroom of her apartment after police responded to a disturbance call.

When NYPD officers arrived, the mentally ill woman was agitated and “armed” with a baseball bat. She had been arguing with her sister-who called the police.

Instead of talking the woman down or using a non-lethal deterrent such as a Taser or pepper spray, the Sergeant drew his firearm and discharged it twice, striking the victim in the chest. She died shortly thereafter.

Responding to the facts of the case, the NYPD placed the responding officer on administrative leave. After an investigation, he was also indicted for murder (though found not guilty). He is now still employed and on modified duty while awaiting the results of an internal departmental disciplinary hearing.

To victim advocates, this is just another case of excessive force in New York City where police officers fail to serve and protect by simply resorting to lethal force-what should only be the last option employed only when the officer feels that their life or the life of another individual is in imminent danger.

While it’s impossible to know exactly what went on in that bedroom, drawing a firearm on an elderly woman armed with a bat seems like crossing a line. The City of New York settled with the victim’s family for a reported $2 million, allowing them to skip a messy trial and also allowing them to avoid assuming liability for the death.

If you or a family member has been the victim of police violence, contact an experienced excessive force lawyer in New York City today. Call the Law offices of Nussin S. Fogel at 800-734-9338 or 212-385-1122 right now.

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