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What Is Considered Police Brutality and Misconduct?

Experiencing police misconduct can be unsettling and, in some cases, life-altering. If you believe your rights were violated, learn more about what legally qualifies as police brutality and misconduct and how these cases are typically handled below.

What Is Police Misconduct?

Police misconduct is a broad term that covers improper or unlawful behavior by officers while performing their duties. It doesn’t always involve physical force. Instead, in most cases, it simply means violating a person’s constitutional protections.

What Are the Different Types of Police Misconduct?

Some of the more common examples include false arrests, unlawful detention, illegal search and seizure, racial profiling, and the use of excessive force.

On the other hand, other forms of misconduct may involve sexual misconduct while on duty, coercion, retaliation, or the filing of false charges. Misconduct can also sometimes include failure to intervene when another officer uses excessive force.

What Is Police Brutality?

Police brutality specifically refers to the use of excessive or unreasonable force. While officers are permitted to use force to control or manage certain situations, it needs to be proportionate to the threat at hand. Examples of police brutality may include:

Striking a restrained individual.
Using a taser on someone who’s complying.
Applying chokeholds that restrict breathing.
Continuing to use force after a person is subdued.

Again, whether force is considered excessive ultimately depends on the totality of the circumstances, including whether the person was posing an immediate threat or was actively resisting.

What Should I Do If I’m a Victim of Police Brutality or Misconduct?

Your first step should always be to seek medical attention if you’re injured. Even if it seems minor, those medical records could eventually become evidence. Next, be sure to document everything you remember about the incident, from the date and time to the location, any badge numbers you wrote down, and witness names.

If you can, try to preserve any photos, videos, or related evidence. Finally, avoid discussing any details on social media before speaking with an attorney since statements can sometimes be used out of context.

How Do You Report Police Misconduct?

You can typically report misconduct through the police department’s Internal Affairs division. Some municipalities also have civilian complaint review boards that independently evaluate complaints against officers.

Filing a complaint may create an official record of the incident. However, keep in mind that an internal complaint is separate from filing a civil lawsuit. If you want to seek compensation, you’ll still need to pursue a legal claim in court.

What Is Needed to Prove a New York Police Brutality or Misconduct Case?

Proving misconduct isn’t always the most straightforward process, especially because law enforcement agencies tend to have control over key evidence. That said, there are still several ways to support your claim.

Gathering Evidence

Building a strong case starts with collecting as much documentation as possible (e.g., medical records that show injuries, photographs taken after the incident, contact information for witnesses who observed what happened, etc.).

Video footage from bystanders, nearby businesses, and traffic cameras is usually the most influential. Keeping detailed notes about how the incident affected your job performance and mental health can also support your claim for damages.

Legal Discovery

Once a lawsuit is filed, your attorney can request evidence through a process called discovery, which will allow access to materials that aren’t publicly available. This could include anything from official police reports to body camera footage or dispatch records that show how officers were communicating before and during the incident.

These types of records can ultimately provide important context and, in some cases, reveal inconsistencies.

What Factors Are Weighed When Deciding Whether an Officer Has Used Excessive Force?

Most courts tend to evaluate excessive force claims based on how severe the alleged offense is, whether the individual was posing an immediate threat to officers and bystanders, and whether they were actively resisting or attempting to flee.

The court’s analysis compares what a reasonable officer would’ve done under similar circumstances. It’s not reliant on the officer’s stated intentions, and instead considers whether the level of force used was objectively reasonable.

Frequently Asked Questions

Do I Have to Involve Law Enforcement to Pursue a Civil Case?

No, you can file a civil lawsuit without pursuing criminal charges. Civil cases are separate, and their goal is compensation and accountability rather than criminal penalties. They also have a lower burden of proof than criminal cases, which means you can still pursue a case even if there was never a conviction.

Can I File a Police Misconduct or Brutality Claim if I Wasn’t Physically Injured?

What Damages Can You Recover in a Police Misconduct Case?

Are Police Misconduct Cases Only Against Police Officers?

What State Law Enforcement Agents or Officers Can I Bring a Policy Misconduct Case Against?

Can I Sue an Organization if the Abuser Was Employed There?

Is It Too Late to Prove Misconduct That Happened Years Ago?

Key Takeaways

Police brutality typically involves excessive force, while misconduct can include unlawful arrests, racial profiling, and other rights violations.

Victims can pursue civil claims under civil rights law, even if criminal charges were never filed.

Strong cases usually hinge on evidence like witness statements, video footage, and medical records.

Contact Our New York Police Brutality Lawyers

If you believe you’ve experienced police brutality or misconduct, you don't have to take the next steps alone. At Field Law Group, our New York attorneys are available 24/7 to answer questions and guide you step-by-step through the process, from start to finish.

Call 212-739-7278 or contact us today to schedule your FREE, no-obligation consultation.

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

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