A New Jersey man has filed a lawsuit seeking $27 million in damages after alleging that a police officer in Lloyd, New York used excessive force during a traffic stop, leaving him unconscious for several days. The incident occurred in December when the man had pulled over on Route 9W near Poughkeepsie to rest because he was exhausted.
According to the lawsuit filed in the Northern District of New York, the encounter escalated when officers arrested the man on suspicion of driving while intoxicated. Body camera footage shows that after the man was handcuffed and appeared to comply with orders, an officer grabbed him by the neck and right arm and forcefully brought him down to the pavement. The force of the action rendered him unconscious, and he remained motionless for over 13 minutes while emergency medical services were called. The man was taken to the hospital and did not regain consciousness for several days, suffering a fractured elbow and injuries to his head, shoulder, knees, and fingers. You can read the original news report here.
Common Causes of Police Excessive Force Incidents
While every situation is unique, police excessive force incidents often stem from several contributing factors:
- Inadequate training in de-escalation techniques and proper use of force protocols
- Poor communication between officers and individuals during encounters
- Lack of proper supervision or oversight during police operations
- Failure to follow departmental policies regarding use of force procedures
- Insufficient mental health or crisis intervention training for officers
- Departmental cultures that may encourage aggressive tactics over community policing
- Inadequate background screening or psychological evaluation of police candidates
- Failure to properly investigate prior complaints against officers
When law enforcement officers or their departments act with negligence or fail to follow proper procedures, victims of excessive force may be entitled to pursue legal compensation for their injuries and losses.
Personal Injury and Civil Rights Claims in New York
Excessive force cases can result in both federal civil rights claims and state personal injury lawsuits. In New York, victims of police misconduct have several legal avenues available to seek justice and compensation for their injuries.
Potential liable parties in these cases may include the individual officer who used excessive force, the police department that employed them, the municipality that oversees the department, and potentially supervisory personnel who failed to properly train or oversee the officer. Victims may be able to recover compensation for medical expenses, lost wages, pain and suffering, emotional distress, and in cases involving wrongful death, damages for the loss of their loved one. Success in these cases often depends on thorough investigation, expert testimony, and experienced legal representation who understands both federal civil rights law and state personal injury claims.
Damages and Compensation
Victims of police excessive force may be entitled to various forms of compensation depending on the circumstances of their case.
Economic damages typically include medical bills, rehabilitation costs, lost wages, and future earning capacity if the injuries result in long-term disability.
Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and the psychological trauma that often accompanies these incidents.
In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior. Compensation is calculated based on the severity of injuries, the impact on the victim's life and career, medical evidence, expert testimony, and the strength of the evidence regarding the officer's conduct. The purpose of compensation extends beyond just covering expenses – it serves to hold law enforcement accountable, provide justice for victims, and encourage departments to implement better training and oversight to prevent future incidents. For example, a victim who suffers a traumatic brain injury may receive compensation not only for immediate medical costs but also for decades of future care needs and lost earning potential.
Why Choose Porter Law Group?
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by police misconduct and excessive force incidents. We understand the complexities of federal civil rights law and have successfully handled cases against law enforcement agencies throughout New York State. Our firm has the resources and expertise necessary to take on powerful government entities and their insurance companies.
We know that victims of police excessive force face an uphill battle against well-funded legal teams representing law enforcement agencies. That's why we provide aggressive representation while offering compassionate support during what is often one of the most difficult times in our clients' lives. We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your case. Our experienced trial lawyers are prepared to fight for your rights and hold those responsible accountable for their actions. View the results we've achieved for clients in successful civil rights and personal injury cases throughout the State.
If you have questions about your legal rights or need guidance after experiencing police excessive force, don't hesitate to reach out. You can contact us at info@porterlawteam.com or fill out our contact form for a prompt response. Time limits apply to civil rights claims, so it's important to seek legal counsel as soon as possible after an incident occurs.
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Why Choose Porter Law Group?
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by police misconduct and civil rights violations. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York for victims of excessive force and other forms of government misconduct. We are a state-wide firm that handles complex federal civil rights cases with a hometown feel.
Our clients come to us looking for guidance and answers during some of the most challenging times in their lives. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases against well-funded government entities and insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve. We understand the unique challenges these cases present and have the expertise to hold law enforcement accountable.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. We offer free consultations and work on a contingency fee basis – you pay nothing unless we win your case.
Contact a Personal Injury Attorney in New York
If you or a loved one has been the victim of police excessive force or civil rights violations in New York, don't hesitate to reach out to the skilled legal team at The Porter Law Group. Time limits apply to civil rights claims, so it's crucial to act quickly. We offer free initial consultations and are ready to guide you through the complex litigation process while you focus on healing from your injuries.
Call us today at 833-PORTER9 or email us at info@porterlawteam.com. We serve clients across all of New York State and are here to fight for the justice and compensation you deserve. Let us put our knowledge and resources to work for you during this difficult time.
