Police Misconduct Litigation in NY: A Primer

Without question, police officers have challenging jobs. However, this does not give them the right to overstep legal boundaries by arresting people without a basis, bringing false charges, fabricating evidence, or using unnecessary force. As vividly demonstrated by the recent events involving Eric Garner in Staten Island, Michael Brown in Ferguson, MO, the settlement of the Central Park 5 cases, and the federal court decision declaring the NYPD’s stop and frisk practice to be unconstitutional, instances of police misconduct are all too common, and the consequences are devastating – both to those individuals who have been victimized by police abuse, and to our society in general. After all, the preservation of our civil rights and liberties is essential to the health of our republic. 

In this course, Ameer Benno, a New York City-based civil rights attorney, introduces viewers to the litigation of police misconduct cases, including identifying the proper parties, prerequisites to filing the lawsuit, relevant time limitations on doing so, and factors to consider in determining the proper forum in which to bring the action. This course also provides an overview of the most commonly-asserted claims and defenses under both federal and state law, compares the relative advantages and disadvantages of state and federal law in this area, and discusses what relief is available, including statutory attorney’s fees. The course will also cover some of the commonly encountered discovery issues and ethical considerations in police misconduct cases. 

Learning Objectives

1. Learn how to identify the proper parties, claims, and defenses, as well as the differences between state and federal claims
2. Understand the prerequisites to filing a police misconduct lawsuit
3. Recognize the various time limitations, such as accrual dates and statutes of limitation, involved for the various claims 
4. Comprehend the factors that must be weighed in deciding whether to bring the action in state or federal court
5. Learn about some of the most frequently encountered discovery issues, and how to address them
6. Gain insight on the different forms of relief available, including statutory attorney’s fees
7. Become acquainted with some of the ethical considerations involved in litigating police misconduct cases
   

This course originally appeared as a part of our September 2014 Bridge the Gap Event.