Evans Prieston, ESQ.
Been Falsely Arrested or unlawfully restrained?
YES, a Person may Sue the NY Police Department for
One of the
fundamental concepts of civil rights in our country is the idea that a
citizen cannot be arrested or detained without probable cause. However,
there is a human element in the administration of justice, and
occasionally police officers abuse their authority and wrongly arrest
and detain innocent civilians. If you have been the victim of a false
arrest or a false imprisonment, you should speak with a New York lawyer
about how to file a claim for false arrest and receive compensation.
A civil demand for compensation on a false arrest or excessive force civil rights violation claim requires you to hire a civil rights lawyer who would need to file a claim. The lawsuit can be can be brought to the state or federal courts level, including actions under § 1983 of the United States Code. An experienced false arrest attorney will be able to better determine which course of action to take. Be aware that it is most likely you will never get your false arrest lawsuit claim to trial because of the high likelihood that a settlement will be reached prior to the commencement of any trial.
In New York City a black teenager was falsely accused of robbing another teenager at gunpoint. He was charged with armed robbery and aggravated assault. Even though the New York police arrived within minutes, no gun was found on him or near the scene. Because the teenager had an extensive criminal past he was an instant suspect, so the police immediately placed him under arrest. All along the teenager was begging the police officers to speak to other eye-witnesses in the neighborhood that could corroborate his story that he did nothing wrong. He spent the next several days in jail before being released on bond. While in police custody the teenager was placed in a station house holding cell with adult inmates as he waited to be transported to a juvenile facility during which time he was beaten to near death by another adult inmate. At his criminal trial his attorney was able to produce I witnesses that collaborated the teenagers statement at the time of arrest that he never robbed the victim and was never seen in possession of a gun at the time. The police erred in not conducting a thorough investigation. Had they bothered to ask for witnesses they would have realized that they lacked reasonable probable cause to arrest the teenager without first presenting the case to a grand jury. Because of their mistake and haste to arrest someone, the teenager was beaten, Ill-treated and his civil rights were violated. The case was settled out of court for an undisclosed amount. He was originally asking for 10 million dollars.
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