Articles Posted in Police Brutality

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The partners and employees of Queller, Fisher, Washor, Fuchs & Kool, LLP wish to congratulate our partner, Dallin M. Fuchs, on his recent settlement of a Bronx police brutality case involving the New York City Police Department. The case involved a 35-year old man detained by store security at a Target store in the Bronx on suspicion of shoplifting. Following his detention by store security, the NYPD arrived. Video evidence showed the plaintiff being brutally beaten by an NYPD while rear-handcuffed. He sustained a nasal fracture and ruptured eardrum as a result of the assault. This matter was settled during the Discovery phase of the litigation for $500,000. Mr. Fuchs was able to successfully argue that the plaintiff was not only injured, but was deprived of his liberty sustaining emotional distress as a result. Through his efforts, Mr. Fuchs was able to achieve this tremendous result for his client.

If you or a loved one was subjected to police brutality or misconduct, you may be entitled to compensation for the damage done to you. We represent people who have suffered injuries such as concussions and brain injuries, broken bones, eye injuries, psychological trauma, and neck and back injuries. We also have considerable experience with wrongful death lawsuits against the city.

Our attorneys and staff will investigate the incident that caused your injuries and seek compensation from the liable parties. To make an appointment, please call 212-406-1700 or contact us online.

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An emotionally disturbed Bronx woman was shot and killed on Tuesday by a Sergeant in the New York City Police Department inside her Bronx apartment. According to a report by CBS New York, the woman was known to the police and known to be emotionally disturbed. Apparently, she attempted to grab a baseball bat and strike the police officer, who responded by firing two fatal shots with his service weapon. The officer also was armed with a Taser which he failed to use to subdue the woman. NYPD Commissioner James O’Neill issued a statement in which he acknowledged that the NYPD “failed” in the instant situation. Various public interest groups are calling for a full investigation, which has been promised by the Mayor’s office.

When a police officer or other law enforcement personnel use excessive force, civilians, suspects and prisoners can suffer catastrophic or fatal injuries. In cases such as these, injury victims and their families may be entitled to compensation from the city. To obtain a successful verdict or settlement in an excessive force case, you need a law firm with the trial experience to take on the city and its attorneys.

Excessive force by a police officer may be a violation of your civil rights. We will investigate the incident and hold the negligent parties accountable for their actions. You may be entitled to collect damages for your medical bills, lost wages, and pain and suffering.

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When a New York City police officer or other law enforcement personnel use excessive force, civilians, suspects and prisoners can suffer catastrophic or fatal injuries. In cases such as these, injury victims and their families may be entitled to compensation from the City of New York. To obtain a successful verdict or settlement in an excessive force case, you need a law firm with the trial experience to take on the city and its attorneys.

Recently, as reported in the New York Daily News, the New York Civilian Complaint Review Board has determined that the number of substantiated reports of the continuing use of the banned choke hold by New York City Police Officers rose in 2015.

The choke hold has been banned by the NYPD for years and its continued use would be a clear example of excessive force. Excessive force is generally defined as an amount of force beyond the need and circumstances of a situation and which is unjustified by the circumstances. The use of excessive force or false imprisonment by law enforcement can result in serious or fatal injuries.

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A 32-year old Brooklyn man claims that he was beaten and kicked by multiple police officers who believed him to be a potential robbery suspect. As a result, he lost one of his testicles.

To read the full story in the New York Post.

If someone you love has been seriously injured as a result of police brutality, you should not hesitate to seek out a law firm with experience successfull litigating police brutality cases. At Queller, Fisher, Washor, Fuchs & Kool, our firm has been representing victims of police brutality for nearly 50 years. While we understand we cannot ease the emotional pain that comes with being the victim of police brutality, we pursue maximum compensation in court to try to ease the paind and suffering and any financial hardships that may have been incurred as a result. For a free consultation with one of our police brutality attorneys, give us a call at 212-406-1700 or contact us online today.

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July 17 was the one year anniversary of Eric Garner’s death. After the incident that recently occurred in Dallas, regarding the alleged suicide of Sandra Bland, many people gathered in a collective peaceful protest against police brutality. The protest escalated into a sit-in and the police responded by making arrests and utilizing their new crowd-control device, the Long Range Acoustic Device (LRAD). This device is considered a military-grade sound cannon that can be used as a megaphone to communicate to groups of people at long distances. However, during this protest, the police used the LRAD as a dispersion device, for the purposes of disrupting the crowd. However, the use of the LRAD device hasn’t been properly tested in order for the police to effectively use it without causing severe injury.

The LRAD is another tool at the police department’s disposal, which can potentially cause serious injury. In 2012, the NYC chapter of the National Lawyers Guild (NLG) wrote a letter to the commissioner’s office requesting more information regarding this new device and whether it was properly tested. They received nothing in regards to department rules of how to use these military-grade sound cannons or any written policies. The NLG only received various documents describing the LRAD’s functions. In one of the documents, it shows a test that was performed by the police where they tested the decibel level of the device at different distances. At 320 ft, which is about 40 parking spaces, the device reached a little over 100 decibels. At double the aforementioned distance, the decibel level was measured to be about 80 decibels. The police documented that they did not test the levels of the device at distances lower than 320 ft because they categorized it as a “potential danger zone”.

According to the Gothamist, during the march, witnesses started to notice the police tactically attempting to separate the large mass of people into smaller groups. After the attempts by the police failed, they made a number of seemingly random arrests, which escalated the crowd’s intensity. A protestor commented, "All we want to do is commemorate the death of Eric Garner, who was killed by the NYPD, we're peaceful, we're organized, and yet they won't let us march, they're targeting our organizers. They're just keeping oppressed voices silent." The police infuriate the crowd further by using the Long Range Acoustic Device (LRAD); which is a military-grade sound cannon. The Police were using the LRAD to issue warnings of potential arrests. Undeterred, the protestors started to chant and eulogize the tragic deaths of Eric Garner and Sandra Bland. Accounts vary, but reportedly, about a dozen protestors locked hands while the rest of the crowd held a moment of silence. In a peaceful fashion the 12 protestors demonstrated a sit-in in the middle of 34th street and 5th Avenue. The police quickly interrupted the demonstration and arrested the participants and charged each with disorderly conduct. After the aforementioned arrests, the police kept the large crowd tightly confined to the sidewalk, by using these LRADs. The extremely powerful bursts of noise forced the crowd to go underground into the subway stations.

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According to Reuters, New York City Comptroller, Scott Stringer, announced on October 31 st that the city would pay $2.25 million to resolve a wrongful death claim brought against them by Alma Murdough regarding the death of her son. Murdough filed a wrongful death claim after her son Jerome, a Marine Corps veteran, was found dead in his jail cell on Rikers Island eight days after being initially arrested for criminal trespassing.

Alma Murdough filed her lawsuit after details began to emerge of her son’s death on February 15 th. In the lawsuit, Ms. Murdough claimed that her son’s cell was 103 degrees Fahrenheit and that his body was also 103 degrees hours after being discovered. According to the New York City Office of Chief Medical Examiner stated that Murdough’s death had been the result of “hypothermia due to environmental exposure of heat.” Following Murdough’s death, Stringer released a series of statements regarding the safety, or apparent lack thereof, of inmates at Rikers. Stringer claimed that the penitentiary was “broken” and in need of reform. Consequently, Murdough’s death appeared to be a glaring case of negligence by prison officials, leading to the multimillion dollar settlement.

While the death of Jerome Murdough was a fairly clear-cut case of negligence on the city’s behalf, most wrongful death cases aren’t nearly as obvious. Wrongful death cases can be extremely complex that require a number of factors to be true in order to have a claim. To have a valid wrongful death claim, the loved ones of the victim must be able to prove that the death occurred due to the negligence of another individual or entity. Additionally, they must be able to demonstrate that they suffered either significant financial or emotional suffering due to their loved one’s death. Examples of financial or emotional suffering could be the loss of an essential income, funeral costs, the cost of medical bills incurred prior to death, the economic loss that can be attributed to the loss of a parent, and pain and suffering before the victim’s death.