Excessive Force During Arrests and Detentions

When Police Power Crosses the Line

Arrests are supposed to be straightforward. Detentions are meant to be safe and temporary. But when officers in New York go too far, those moments don’t just fade—they can change your entire life. 

The law doesn’t leave you defenseless. The Fourth Amendment protects you from force that isn’t “objectively reasonable.” Federal law under 42 U.S.C. § 1983 lets you bring claims in court, while New York laws like Civil Rights Law § 79-n hold officers accountable when they abuse their power. These protections exist because too many arrests and detentions have turned violent when they never should have.

Our civil rights lawyers at Horn Wright, LLP, represent clients not just in New York but across neighboring states like New Jersey, Vermont, Maine, and New Hampshire. Each state handles excessive force claims a little differently—New Jersey’s Law Against Discrimination provides some of the broadest civil rights protections in the country, while Maine and Vermont rely heavily on human rights commissions to oversee complaints. 

New Hampshire aligns more closely with New York, with a three-year statute of limitations for many claims, though its municipal deadlines aren’t as strict as New York’s 90-day notice rules. No matter where you are, the same principle applies: police power has limits, and when those limits are crossed, you have the right to hold them accountable.

We stand with people who’ve been mistreated in moments that should’ve been handled with professionalism. We know how stressful it feels when trust is broken and you’re left dealing with injuries and fear. Reach out to us today at (855) 465-4622. We’ll walk you through your options, make the process less overwhelming, and fight to make sure your story gets heard.

The Different Ways Force Gets Out of Control

Excessive force doesn’t always look the same. Sometimes it’s quick and obvious. Other times, it hides behind official reports and excuses. These are the patterns we see most often in New York:

• Tackling or slamming during minor arrests. A full-force takedown when you’re already cooperating is abuse. Courts look closely at whether the force matched the threat, and in cases like this, it usually doesn’t. Getting slammed into the pavement when you’re not resisting is a violation of your rights. It proves that control crossed the line into cruelty.
• Handcuffs applied with unnecessary pain. Cuffs that cut off circulation or cause nerve damage are not “by the book.” Officers may brush it off as routine, but scars, numbness, and medical records tell the real story. Pain inflicted for no reason isn’t control, it’s punishment. And punishment during arrest is unlawful.
• Beatings behind closed doors. Detention rooms and holding cells give officers privacy and that’s when abuse often happens. Victims leave with bruises, broken bones, or silent trauma that can last years. Reports rarely match the injuries, and vague language is used to cover tracks. Medical records and outside testimony make the truth hard to hide.
• Tasers and chemical sprays pushed too far. These tools are supposed to de-escalate situations. When officers shock someone repeatedly or spray them long after they’re subdued, that’s force beyond reason. The harm can linger for weeks or months, from burns to breathing issues. Courts recognize when these tools are abused, and they hold departments accountable.

Your Legal Protections in New York

You’re not powerless against misconduct. The Constitution gives you the right to challenge force that wasn’t justified, and courts use the “reasonableness” test to weigh what happened. They consider the severity of the alleged crime, whether you posed a threat, and whether you resisted. If those factors don’t support the level of force used, you may have a valid claim.

New York adds more protection. Civil Rights Law § 79-n provides recovery for bias-based violence, while the Eric Garner Anti-Chokehold Act makes dangerous neck restraints a felony. Executive Law § 296 also ensures you’re protected from discrimination in enforcement. These laws together show that New York has taken steps to rein in abuse, even if the work isn’t finished.

But deadlines matter. Federal claims under § 1983 typically need to be filed within three years, and state claims against cities or counties can require a Notice of Claim within just 90 days. Missing these deadlines can shut the door on your case before it starts. Acting quickly protects your right to fight back.

How Victims Can Hold Officers Accountable

Accountability doesn’t happen on its own. You’ve got to build it. That starts with securing proof. Medical records, photographs, and early witness statements all make your story harder to deny. In New York, even surveillance cameras from nearby businesses can add valuable evidence.

Bodycam and dashcam footage are powerful, but police departments don’t hand them over without a fight. That’s why lawyers move fast with subpoenas and Freedom of Information Law (FOIL) requests. FOIL can also unlock internal memos and disciplinary records that reveal patterns of misconduct. Every piece of evidence adds weight to your case.

Witnesses matter just as much. People who saw the incident may have details you don’t, like the angle of the takedown or the number of times force was used. Getting their accounts recorded early makes them more reliable. All of this together—medical proof, video, and testimony—creates a case that can’t easily be brushed aside.

Damages You May Be Entitled To

Excessive force cases are about recovery. Victims deserve compensation that matches the harm done. That’s why lawsuits often focus on more than just medical bills.

• Medical costs now and later. Emergency rooms, physical therapy, and long-term treatments are expensive. Those costs shouldn’t fall on your shoulders when the injuries came from abuse. Courts allow recovery for both past and future expenses. This helps ensure your health care is covered without draining your savings.
• Lost wages and damaged careers. Time away from work hurts financially and professionally. Some people can’t go back to the same job, or they lose promotions because of injuries. That lost potential matters in court. You deserve to recover both what you’ve already missed and what you might miss down the road.
• Emotional distress and lasting trauma. Fear, sleepless nights, and panic in public spaces are invisible but real. The law recognizes these injuries, and judges often allow damages for them. Therapy records and testimony from family and friends make the impact clear. Emotional recovery is part of justice, too.
• Punitive damages in extreme cases. These aren’t about making you whole—they’re about sending a message. When officers act with malice or reckless disregard, courts may impose extra damages. That financial hit tells departments that abuse has consequences. It can even push systemic changes in how they train and discipline.

Why Having the Right Lawyer in New York Matters

Excessive force cases aren’t simple. Officers often claim qualified immunity, which shields them unless the law was “clearly established.” Getting past that defense takes precise legal arguments and strong facts. Without both, claims can get dismissed before they’re even heard.

It’s also tough to hold cities or departments accountable. Under the Supreme Court’s Monell doctrine, you’ve got to show a policy, custom, or failure to train that allowed the abuse to happen. That proof doesn’t just appear—it’s dug out through records, depositions, and expert review. Experienced lawyers know how to build that part of the case.

New York adds its own challenges, like short deadlines for municipal claims. An attorney who knows the courts and the local rules makes sure your case doesn’t fall through procedural cracks. That’s why having the right civil rights lawyer is the key to making sure your story gets its day in court.

Demand Change and Protect Your Rights

No one should walk away from an arrest or detention with injuries that never should’ve happened. Our trusted legal professionals at Horn Wright, LLP, fight for people across New York who’ve been abused by excessive force. 

Our firm has been recognized as one of the top law firms in the country, a reflection of our dedication to accountability and justice. When you’re ready, take the step toward protecting your rights and demanding real change. Contact our office to arrange your complimentary case review.