New York civil rights lawyer Russ Kofman (https://www.lebedinkofman.com/how-do-you-file-a-claim-for-false-arrest-and-excessive-force-in-new-york-city/), a partner at Lebedin Kofman LLP, has recently published a detailed guide on how to file a claim for false arrest and excessive force in New York City. The article provides a comprehensive overview of what constitutes false arrest and excessive force, and outlines the steps that victims can take to file a lawsuit against law enforcement officials who infringe upon their civil rights.
In his article, the New York civil rights lawyer explains that a false arrest occurs when a person is arrested or imprisoned without an arrest warrant. Kofman underscores the distressing impact of false arrests on victims, and the subsequent ripple effect on community trust in law enforcement. Similarly, Kofman defines excessive force as the unwarranted use of force by police officers during an arrest or questioning.
According to the New York civil rights lawyer, “The community is also affected by police brutality, which creates fear and distrust in the police. Non-combative people should not be subject to force.”
Notably, the New York civil rights lawyer also provides detailed guidelines on how victims can sue a police officer for wrongful arrest. He emphasizes that to establish a civil rights violation, evidence must be provided that the officer acted with deliberate ill will or demonstrated an unconcerned disregard for the victim’s rights.
Kofman points out, “While difficult to establish, this evidence may provide grounds for a lawsuit.” He further explains that proving the officer lacked valid reasons for the arrest is crucial.
The article also alerts victims about the three-year statute of limitations for filing a claim in New York. Delaying beyond this period may compromise the victim’s chance to seek compensation.
In the context of filing a lawsuit, Kofman elaborates on the concept of “color of state law,” explaining that it refers to a law enforcement officer acting on behalf of the government without proper justification, leading to an infringement on the individual’s civil rights.
He articulates, “These instances typically fall under Title 42 of the U.S. Code, Section 1983.” He further notes that in these cases, legal representatives commonly argue that their clients’ Fourth Amendment rights were violated.
To navigate through the often complex legal process, Kofman advises victims to seek legal counsel. “It’s important to note that civil rights violations are significant charges. To build a strong case, it is essential to have adequate evidence, such as documentation or other proof, to support the claim,” he advises.
By releasing this insightful guide, Lebedin Kofman LLP aims to empower victims of false arrests and excessive force with knowledge about their rights and the legal remedies available to them. The firm encourages victims to take the first step towards asserting their rights by scheduling a consultation to discuss their unique circumstances and potential legal approach.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a law firm based in New York City, dedicated to defending the civil rights of individuals in the community. The firm’s lawyers have a broad range of experience in handling cases related to false arrests, malicious prosecution, and police misconduct. They are committed to vigorously advocating for the rights of their clients and seeking justice for those whose rights have been violated. The firm’s comprehensive legal approach ensures that each client’s unique circumstances are taken into consideration, providing them with the best chance of a favorable outcome. Lebedin Kofman LLP is committed to creating an environment where every individual’s rights are respected and protected.
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Company Name: Lebedin Kofman LLP
Contact Person: Russ Kofman
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Phone: (646) 663-4430
Address:26 Broadway 3rd floor, New York, NY 10004
City: New York
State: New York
Country: United States