Excessive Force

Police misconduct and brutality can manifest in many ways. One of the most common and newsworthy ways is excessive force. The experienced New York and New Jersey excessive force team at Brustein Law understands the gravity and profound impact police brutality, especially excessive force, has on victims. It corrodes trust not only in the police but in the whole justice system. Fortunately, the law is on your side, offering many protections against excessive force and avenues for redress, and so is Brustein Law. We won’t let such unacceptable conduct on the part of the people purported to protect the public go unaddressed.

If you or a loved one have been the victim of excessive force at the hands of a New York or New Jersey police officer, trust Brustein Law to guide you through the process of holding the officer accountable and getting justice. It is our mission to empower victims of police brutality to take a stand. You have rights and the absolute right to exercise them and call out this egregious misconduct. Brustein Law is ready to get to work for you today. You tell the truth, and we’ll handle the rest.

What is Excessive Force?

Excessive force occurs when a law enforcement officer uses force beyond reasonable or necessary in a given situation. Not only can this horrific abuse of power result in serious injuries, but severe psychological trauma. Sometimes, excessive force can even be lethal.

Legal safeguards are in place against excessive force on the federal and state level in New York and New Jersey. Victims can seek justice through many avenues, including but not limited to The Fourth Amendment of the U.S. Constitution, the Federal Civil Rights Act, New York Civil Rights Law, and the guidelines put in place by the New Jersey Attorney General’s Office.

Recognizing Excessive Force

Excessive force can manifest in many ways, including:

  • Physical Assault: This includes unjustified force such as beatings and kicks when apprehending, subduing, or attempting to restrain an individual.

  • Unnecessary Use of a Weapon: This includes taking out a firearm or shooting without reasonable cause in situations where lethal force is not justified. Improper or prolonged use of a Taser is also an example of excessive force when it leads to unnecessary harm. Indiscriminate or disproportionate use of chemical agents such as pepper spray or tear gas can also constitute excessive force, especially when the situation is non-threatening.

  • False Arrests of Detentions: Unlawfully depriving an individual of their freedom without probable cause makes a strong case for excessive force.

  • Chokeholds and Strangulation: The use of chokehold or strangulation techniques to subdue an individual is very often beyond what is necessary and may lead to severe injury and death.

  • Vehicle Ramming: The deliberate use of police vehicles to cause harm to an individual or their property without sufficient justification.

  • K-9 Unit Misuse: Unjustified and unnecessary deployment of police dogs, resulting in injuries.

  • Unlawful Strip Searches: Conducting strip searches without adherence to established protocols and adequate justification.

  • Disproportionate Responses to Peaceful Protests: An aggressive use of force against non-violent protests.


    Police officers in New York and New Jersey enjoy police immunity, which means they are protected from prosecution for reasonable actions performed in the line of duty. For a successful claim of excessive force, your attorney will help you demonstrate that the officer’s actions were unreasonable and went beyond the scope of protecting the officer’s safety and the public.

Excessive Force Damages that Brustein Law Will Fight For

Suppose you have been the victim of a police officer’s excessive force. In that case, you may be entitled to compensation for certain damages, including:

• Medical expenses

• Lost wages and lost future income

• Emotional distress

• Pain and suffering

• Damage to your reputation

• Attorney’s fees and court costs

• Punitive damages are awarded in rare cases where the court wants to punish especially egregious, intentional, and malicious wrongdoing.

Contact Us Today

If you or a loved one have been the victim of excessive force at the hands of a police officer in New York and New Jersey, the law is on your side. You have the right to speak up and have your harm acknowledged and addressed. At Brustein Law, we’ve made it our mission to champion victims of police misconduct and brutality, amplifying your voice. We understand the importance of holding police officers abusing their power accountable for their wrongdoings. Let us bring credibility to your truth. Our skilled, seasoned, compassionate team is ready to fight for you today. Contact us for a free and confidential consultation.