What’s the Difference Between Police Misconduct and Excessive Force?
Not All Bad Policing Looks the Same
Maybe you were stopped by police, and something didn’t feel right. You were treated unfairly, or maybe worse threatened, arrested without cause, or physically hurt. But now you’re left wondering: was it misconduct? Was it excessive force? Do those words even make a difference?
A lot of people use those terms interchangeably. But under the law, they carry different meanings. That difference can affect what kind of case you have, how you pursue it, and what evidence you’ll need to move forward.
At Horn Wright, LLP, we help New Yorkers who have been mistreated by police figure out what happened, what their rights are, and what they can do next. Whether you were harmed by violence or targeted by abuse of power, our attorneys are here to listen, investigate, and take legal action to hold officers accountable.
Police Misconduct: A Broad Term for Bad Behavior
Police misconduct is a general term that covers any illegal, unethical, or unconstitutional action by a law enforcement officer. It doesn’t have to involve violence. In fact, some of the most damaging misconduct happens behind the scenes through lies, intimidation, or manipulation of the legal process.
Examples of police misconduct include:
- False arrest or wrongful imprisonment without probable cause
- Racial profiling during traffic stops or street encounters
- Witness tampering or threats
- Hiding or fabricating evidence
- Sexual harassment or coercion
These behaviors violate the rights protected by the U.S. Constitution and New York law. And while they might not leave physical bruises, they can cause long-term emotional, financial, and social harm. Just because there wasn’t a punch thrown doesn’t mean what happened wasn’t serious.
Excessive Force: When Things Get Violent, Unnecessarily
Excessive force is a specific kind of police misconduct. It refers to the use of physical force that goes beyond what is reasonable under the circumstances. In New York, and under federal law, officers are allowed to use force but only what’s considered “objectively reasonable” based on the situation they’re facing.
What’s considered excessive depends on the details. Courts will look at whether the person posed a threat, whether they resisted arrest, and whether less harmful options were available. Examples of excessive force include:
- Hitting or kicking someone who is handcuffed or already restrained
- Using a Taser on someone who is not resisting
- Firing a weapon at someone who is unarmed or running away
Excessive force cases almost always involve visible injuries. But even if the physical wounds heal, the trauma can last much longer. These cases focus on whether the officer’s use of force was justified at the moment and not just whether someone was hurt.
So, What’s the Real Difference?
The main difference comes down to scope. Police misconduct is the umbrella term. Excessive force falls under that umbrella, but it’s just one type of misconduct—specifically, the physical kind.
Here’s a quick breakdown:
- Misconduct: Can involve lies, threats, discrimination, or abuse of authority
- Excessive force: Always involves physical violence or use of weapons
Understanding which type occurred matters because each has different legal definitions, standards of proof, and kinds of evidence. It also affects how your claim is built and what kind of compensation you might seek.
Can You Sue for Both in New York?
Yes, you can. If your experience involved both verbal abuse and physical harm, or if multiple types of misconduct occurred, you may be able to bring claims for both. These cases are often filed under federal civil rights law (Section 1983), which allows people to sue government officials for violating constitutional rights.
In New York, you might also have state law claims, like assault, battery, or unlawful imprisonment. If you're suing a public agency like the NYPD or a city department, you may need to file a Notice of Claim within 90 days of the incident. This notice alerts the city that you intend to sue and gives them a chance to investigate or settle the matter early.
Suing under both federal and state law can help strengthen your case and maximize the chance for full compensation. But the deadlines and legal strategies can vary, which makes early legal advice essential.
The Role of Qualified Immunity
Qualified immunity is a legal defense that protects police officers from lawsuits in many cases. It shields them unless their actions violated “clearly established” rights that a reasonable officer should have known.
This doctrine makes these lawsuits harder to win. Even if you prove misconduct or excessive force happened, the court might still dismiss your case if no similar cases have clearly established that behavior as unconstitutional.
Still, qualified immunity isn’t absolute. It doesn’t protect officers who knowingly break the law, and recent legal shifts are challenging how and when it applies. A strong case with clear evidence can break through that defense.
What You’ll Need to Prove in Each Case
Every civil rights case needs evidence. But what kind of evidence depends on what happened.
If you’re claiming general misconduct, you might need:
- Witness statements about what the officer said or did
- Video footage from bystanders or surveillance cameras
- Emails, text messages, or dispatch logs
If your case involves excessive force, the focus shifts to physical evidence:
- Medical records from treatment after the incident
- Bodycam or dashcam footage
- Photos of bruises, cuts, or injuries
No matter the type, documenting everything as early as possible is key. That includes writing down your own memory of events while it’s still fresh.
Why Words Matter When You File a Claim
How you describe what happened can affect how your case is handled. If you say you were “harassed,” that may be viewed differently than “threatened with violence.” If you mention “abuse,” that might point to misconduct, while “injury” might suggest excessive force.
You don’t need to get the terminology perfect, your lawyer will help with that. But starting with a clear and honest story gives your legal team a strong foundation. They can identify the legal claims that match your experience and guide you toward the right path.
Hold the Line: We’ll Help You Stand Up
Being mistreated by the police can be scary, confusing, and deeply personal. You might wonder if anyone will believe you, or if speaking up will just make things worse.
You don’t have to stay silent. The law gives you rights, and bad policing is never your fault. Whether it was lies, threats, or physical violence, you deserve to be heard. Legal action can’t change what happened, but it can help you reclaim control, protect others, and move forward with dignity.
If you were mistreated by police in New York whether through threats, lies, or violence Horn Wright, LLP, is here to guide you through your legal options. We’ll listen, investigate, and take action so your voice is heard and your rights are protected.