Phone: (732) 544-1460
Police officers are entrusted with an enormous amount of authority to use force in their every day encounters with citizens. However, the right of a law enforcement officer to use force against an individual is not unlimited; instead the United States Constitution and the Constitutions of each of the 50 States place limits on this authority. When law enforcement officers cross the line and use excessive force, by way of physical contact, firing a weapon, using a taser, striking with a baton or administering pepper spray, the victim of this police brutality has the right to seek redress for his injuries in a court of law.
Everyone should be responsible and accountable for their misconduct and misdeeds, including law enforcement officers. Our democracy benefits from citizens taking action through the court system to champion their rights. Every citizen is the beneficiary of the courage of the individuals who, with their counsel, stand up for the protection of liberty, and the right to be free from government abuse of power, and the unlawful use of force.
The Constitutional basis for an excessive force claim is the 4th Amendment. The statutory basis to proceed on an excessive force claim is the Federal Civil Rights Act, which is otherwise known as a “section 1983″ action. You can also proceed under the New Jersey Civil Rights Act. State law claims under the New Jersey Tort Claims Act can also address the unlawful use of force by a law enforcement officer.
We have handled excessive force claims in New Jersey for over 30 years. Call us to schedule a meeting to discuss your police brutality case.