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Police Brutality
HKPD does not adhere to the belief that all police officers are bad. In fact, here at HKPD we believe that the men and women who risk their lives protecting the public, perform a necessary and invaluable service. However, there are instances where those entrusted with police powers misuse them. Unfortunately, these instances appear to be on the rise.
Police brutality, or police misconduct, can take many forms. Three of the most common are the use of excessive force, false arrest and custodial negligence.
Excessive force occurs when a police officer uses more force than is needed or permitted in a particular situation. This often happens at the time of arrest where a person in handcuffs or otherwise restrained gets beaten, hit and/or kicked.
False arrests occur when a police officer exceeds his authority. Police officers must follow strict guidelines in the performance of their duties. For example, the law does not permit a police officer to search a car or person unless he has “probable cause” to do so. Additionally, police officers cannot arrest someone without cause.
Custodial negligence involves police brutality after an arrest has been made.
The various rights of individual citizens against police misconduct are set forth in the Fourth, Eighth and Fourteenth Amendments of the United States Constitution.
The Fourth Amendment secures citizens against:
- False arrest
- False imprisonment or illegal detention
- Malicious prosecution
- Searches without a warrant
- Arrests without a warrant
- Failure to timely release pretrial detainee
- Apprehension of suspect by use of deadly force
- Apprehension of suspect with excessive force
The Eighth Amendment provides protection from:
- Inmate assaulted by guards
- Inmate assaulted by fellow inmates
- Inmate denied certain privileges, including visitation, practice of religious beliefs, access to legal materials, mail, etc.
- Inattention to medical needs of inmate
The Fourteenth Amendment protects against:
- Punishment of pretrial detainee
- Malicious prosecution
- Inattention to medical needs of pretrial detainee
- Any conduct that "shocks the conscience" or "offends the community's sense of fair play and decency"
- Illegal interrogation or extraction of involuntary confession
- Selective enforcement of statute or regulation on the basis of race
- Deliberate denial of police protection on racial grounds
Too many times, there are cases where individuals have been brutally beaten and severely hurt by police, only to be accused of resisting arrest or disorderly conduct. Often times, these individuals are targeted by the police based solely upon their race, ethnicity or neighborhood in which they live.
HKPD believes in justice for all. HKPD believes that there must be a guard of the guardians, and in this country, that is the justice system. HKPD attorneys have successfully litigated many actions against the NYPD and other police departments in both State and Federal Courts. We are not afraid to stand up and fight for the rights of our clients.
If you or a loved one may have been the victim of police brutality, please contact our lawyers for a free, initial consultation. We’re here to help you, 24 hours per day / 7 days per week.