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By Richard Obiol
Principal Attorney

Police abuse is a grave issue that undermines the very principles of justice and equality. If you or someone you know has been a victim of police abuse in Nassau County, it is crucial to take immediate and deliberate steps to protect your rights and seek justice. Here are the steps to take after suffering from police abuse.

1. Ensure Your Safety

First and foremost, prioritize your safety. If you are in immediate danger, try to remove yourself from the situation and get to a safe location as quickly as possible. Seek medical attention if you have sustained any injuries. Even if you do not feel injured, a medical examination can uncover injuries that may not be immediately apparent. 

2. Document the Incident

Thorough documentation is vital for building a strong case against police abuse. Here are key steps to take:

  • Write a Detailed Account: As soon as you are able, write a detailed account of the incident. Include specifics such as the date, time, and location of the abuse, the names and badge numbers of the officers involved, and a description of what happened.
  • Take Photographs: If you have visible injuries, take clear photographs from multiple angles. Also, photograph any damage to your property or the scene of the incident.
  • Gather Witness Information: If there were witnesses to the abuse, obtain their contact information and ask for their statements. Witnesses can provide crucial support for your account of the incident.

3. Preserve Evidence

Preserving all evidence related to the abuse is critical:

  • Medical Records: Keep copies of all medical records and bills related to your injuries. These documents can provide evidence of the harm caused by the abuse.
  • Surveillance Footage: If the incident occurred in an area with surveillance cameras, request copies of the footage as soon as possible. Surveillance footage can provide objective evidence of the abuse.
  • Personal Records: Save any clothing or personal items that were damaged during the incident. These items can serve as physical evidence of the abuse.

4. File a Complaint

Filing a formal complaint is an essential step in holding the responsible officers accountable:

  • Internal Affairs: File a complaint with the Internal Affairs division of the Nassau County Police Department. Provide a detailed account of the incident and include any supporting evidence.
  • Civilian Complaint Review Board: In some cases, you may also be able to file a complaint with a civilian oversight agency. Check if there is a relevant board or agency in your area that handles complaints against police officers. 

5. Consult with an Attorney

Seeking legal counsel is crucial for navigating the complexities of police abuse cases. An experienced attorney can help you:

  • Understand Your Rights: An attorney will explain your legal rights and options for pursuing justice.
  • Gather Additional Evidence: Legal professionals have the resources and expertise to gather additional evidence, such as obtaining police records and conducting independent investigations.
  • File a Lawsuit: If appropriate, your attorney can help you file a lawsuit against the officers and the police department. Legal action can provide compensation for your injuries and hold the responsible parties accountable.

6. Know Your Legal Options

In cases of police abuse, you may have several legal avenues to pursue:

  • Civil Rights Claims: You can file a civil rights claim under Section 1983 of the U.S. Code, which allows individuals to sue for violations of their constitutional rights by government officials, including police officers.
  • State Law Claims: New York state law also provides avenues for seeking compensation for injuries caused by police abuse, such as claims for assault, battery, and intentional infliction of emotional distress.
  • Federal Investigations: In severe cases, the U.S. Department of Justice may investigate patterns of police misconduct. Reporting your case to federal authorities can sometimes prompt broader investigations and reforms.

7. Stay Informed and Supported

Police abuse cases can be prolonged and stressful. Stay informed about your case and support efforts for broader police reform. Joining support groups and advocacy organizations can provide emotional support and amplify your voice in the fight against police abuse.

Protect Your Rights and Seek Justice

Suffering from police abuse is a traumatic experience, but taking prompt and decisive action can help protect your rights and seek justice. By documenting the incident, preserving evidence, filing complaints, and consulting with an experienced attorney, you can navigate the complexities of the legal system and hold the responsible parties accountable. As a New York attorney, it is our duty to stand up for the rights of victims and work towards a system where justice and accountability prevail. 

The Attorneys at Civardi & Obiol Help Those in New York Who Have Been Injured by Police

As experienced New York attorneys, we understand the seriousness of police abuse and the impact it can have on your life. At Civardi & Obiol, our qualified New York personal injury attorneys will help to walk you through the process every step of the way. We will fight for your rights. To learn more or schedule a free consultation, contact us today.

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