In terms of claims in New York against police officers or police departments and excessive force, there is always going to be an analysis of what force was necessary in order to subdue or restrain the person being arrested. Sometimes, you have situations where an officer might have viewed the situation more dangerous from his or her personal viewpoint. There are cases in New York which interpret force being used in one sense or another as being reasonable. In a very similar fact pattern, a court may find that same level of force was not reasonable and most often times the successful claims are ones where there are significant injuries.
If you have suffered significant injuries in connection with an arrest or some type of law enforcement confinement in White Plains, NY you certainly would want to seek the advice of an attorney and quickly because there are very short statute limitations under these types of claims. Statute limitations are really critical in terms of analysis in whether you have a viable claim.
This informational blog post was provided by Kim Berg, an experienced White Plains, New York Civil Rights Attorney.