Excessive Force FAQ: Common Questions and Answers

You Have Questions About Excessive Force And We Have Answers

After an encounter with the police, people are often left with more confusion than clarity. Was the officer allowed to do that? Can I file a case if I wasn’t badly hurt? Do police always get away with it because of immunity? These questions are normal, and the answers are not always simple.

At Horn Wright, LLP, we hear them every day. Clients call us, unsure if what happened to them even qualifies as “excessive force.” They worry they don’t have a case, or that the courts will dismiss their claims. The truth is, the law offers more protection than most people realize, but you have to know how it works. This FAQ breaks down the most common questions we get, and the answers that give victims a path forward.

What Exactly Counts As Excessive Force

Excessive force isn’t about whether the police touched you at all. It’s about whether the force they used was greater than what was reasonably necessary in the situation. That standard comes from the Fourth Amendment of the U.S. Constitution, and the Supreme Court case Graham v. Connor (1989), which told courts to evaluate force based on what a “reasonable officer” would have done.

In New York, courts apply this test carefully. Force that might be justified in one setting, such as restraining someone actively resisting arrest, becomes excessive if the person was already handcuffed, compliant, or clearly posed no threat. Examples include:

• Physical violence against someone already subdued.
• Use of weapons like batons, tasers, or pepper spray in situations where words would suffice.
• Chokeholds and neck restraints, which New York has explicitly banned under the Eric Garner Anti-Chokehold Act.

The bottom line: if the officer’s actions went beyond what was needed to safely control the situation, it may be considered excessive force.

Do Police Always Have Immunity In These Cases

A lot of victims think suing police officers is pointless because of “qualified immunity.” While immunity is a real hurdle, it’s not absolute.

Qualified immunity protects officers only when the law was not “clearly established.” In practice, this means officers can’t be sued if a reasonable officer would not have known their conduct was unlawful. But in New York, many forms of excessive force are clearly established as violations. Striking a handcuffed suspect, using banned chokeholds, or beating a non-resisting person, these are not gray areas.

In fact, federal courts in New York have repeatedly denied immunity when force was obviously excessive. Cases filed under 42 U.S.C. §1983 allow victims to seek damages despite immunity defenses, especially when video, eyewitness testimony, or clear injury proves misconduct.

So while immunity arguments come up in almost every case, they don’t automatically block victims. Skilled lawyers know how to dismantle them.

Can I Sue If I Was Arrested But Not Seriously Injured

Yes. Serious injury is not a requirement for an excessive force claim. The key question is whether the force was unreasonable, not whether it left broken bones.

In New York, courts recognize claims for emotional distress, pain, humiliation, and psychological trauma, even when physical injuries are minor. A person shoved face-first into the ground, bruised, and left shaken can still have a strong case. Tort claims like assault and battery under state law don’t require permanent harm.

In one New York case, plaintiffs successfully recovered damages for being pepper-sprayed during peaceful protests — even when medical records showed only temporary irritation. The violation of rights itself was enough to establish liability.

That’s important, because many victims hesitate to act if they “walked away okay.” The law says your dignity and safety matter, whether or not you needed an ER visit.

New Hampshire Provides Narrower Legal Remedies For Victims Than New York

Not all states treat excessive force victims equally. New Hampshire, for example, has historically offered narrower remedies. Courts there limit damages primarily to tangible, physical injuries, making it harder for victims to recover for psychological harm or humiliation.

New York law goes further. State courts recognize claims for emotional distress, reputational damage, and punitive damages when the officer’s behavior was particularly reckless. Civil rights remedies under the New York Constitution and federal law combine to give victims broader paths to justice.

The comparison shows how critical state law can be. The same incident that might result in limited recovery in New Hampshire could yield far more comprehensive compensation in New York.

What Compensation Is Available For Excessive Force Victims

Victims often want to know what they can actually recover. Compensation usually falls into three categories.

• Economic damages: These cover medical expenses, lost wages, and other measurable costs tied to the incident. Hospital bills, therapy expenses, and missed workdays all count.
• Non-economic damages: These cover pain and suffering, emotional distress, and the ongoing psychological impact of being brutalized. New York courts regularly award damages for these harms, recognizing their seriousness.
• Punitive damages: In rare but egregious cases, courts may impose punitive damages. These aren’t tied to the victim’s losses, they’re meant to punish officers and departments for outrageous misconduct.

Under General Municipal Law §50-e, victims suing a city agency must file a notice of claim within 90 days, but once the claim is preserved, damages can be substantial. Federal claims under §1983 add another layer, allowing for broader recovery in extreme cases.

How Long Do I Have To File A Claim

Timing is one of the biggest pitfalls for victims. In New York, most civil rights and tort claims must be filed within three years under CPLR §214. But if you’re suing a municipality, you also face the 90-day notice requirement under General Municipal Law §50-e. Miss that, and your case may be barred.

Federal claims under §1983 also borrow the state’s three-year statute of limitations, but courts often start the clock on the date of the incident. That means waiting until your criminal case ends can be risky.

There are exceptions, like tolling for minors or delayed discovery in certain circumstances. But the safest route is always to act quickly. Early filing also helps preserve evidence, body camera footage, witness statements, and medical records are easier to secure before time passes.

Horn Wright, LLP, Gives Straightforward Answers To Victims Seeking Justice

Excessive force cases are confusing, and the questions victims ask deserve clear, direct answers. At Horn Wright, LLP, we break through the legal noise. We explain what excessive force really means, how immunity works, what kinds of damages you can recover, and when you need to act. And then our civil rights attorneys put that knowledge into action, filing cases that seek not only compensation, but accountability. If you’ve been left with doubts after a violent police encounter, we’ll give you the straightforward answers and the fierce advocacy you need.