How do I sue for injuries due to police brutality and excessive forced during an arrest?

Question

I was injured during an arrest and nearly killed by being choked until I lost consciousness and bodily function. 

I have been going to the doctors since the incident on July 17, 2012. 

The arrest occurred in a crowed area at a mall. I have names and witnesses, but I need an attorney to help me. How do I proceed?

Joel Selik · Answer

There are attorneys who specialize in this.  Where are  you located and  where did this occur.

Thomas Bulman · Answer

Why did they choke you down?

Jared Altman · Answer

Get a lawyer RIGHT AWAY! There is a ninety day time limit to file a notice of claim.

Larry Dunn · Answer

You should consult with a personal injury attorney rather than criminal defense.

Austin Hirschhorn · Answer

Hire an attorney that specializes in personal injury cases.  That type of case is almost always handled on a contingency basis with the lawyer receiving 1/3 of the net recovery after reimbursement of the expenses involved in handling the case for the client.  You should interview several lawyers and select the one that you think will best represent you in the handling of your case.

Stephen Lombardi · Answer

You have to convince a lawyer in your state to take on the case. You have to prove damages and excessive force. Not easy. I've done it several  times, but not many lawyers have and I seldom take on such a case.

Paul Whitfield · Answer

Were you completely sober and did you offer no resistance? You should know that the police will tell a contrary story, that you were drunk or high and combative etc etc etc. but if you have good witnesses (not the boys from the hood who will say whatever you want them to say) you can prevail in a lawsuit.  Any good lawyer would take your case if your evidence is good. No one will take your case if it is weak or you were drunk or combative. You can expect the police to cover themselves with other police testimony.

Dennis P. Mikko · Answer

You should seek out an attorney who specializes in personal injury litigation.  Preferably one with experience in federal civil rights litigation under 42 USC 1983.  Most state bar associations have a lawyer referral service or there may be a referral service run by your local bar association.  Once you have obtained the name of an attorney, you should make an appointment and "interview" the attorney as to his ability to handle your matter.  You may wish to discuss this matter with more than one attorney until you find an attorney you believe will be able to represent your interests.

Stephen Freeborn · Answer

Without reviewing the facts of the case, I cannot say  whether or not you have a case.  If you think you do, I would suggest retaining an attorney who specializes in this area.  You might call lawyer referral at the Bar Association.

Terry Nelson · Answer

How do I sue??  By filing a claim and lawsuit in court, like any other case.  Winning however is a different issue.    Police are entitled to use any force necessary to control or subdue you. You have to prove they didn't need any.   Your first step is to obtain witnesses willing to testify in court, and get from them detailed thorough written witness Declarations [which will be sworn under penalty of perjury in their final form] as to exactly what they know, saw and heard first hand, what their relationship is to you, etc. Generalities are of no use, nor is anything but first hand knowledge.    IF their statements credibly and clearly refute the police reports and prove the police had NO justification for the force used, and that you were in total compliance, and not in any way disrespectful or argumentative or resisting their instructions to you, then you have a chance of winning.    You'll also have to prove any monetary and physical damages you claim, through your treating doctors' testimony and billings.

James Schoenberger · Answer

You will need a civil attorney, not a criminal defense attorney.

Jared Winter · Answer

Are you trying to sue on your own?  That's a bad idea.  If you want to sue, make some appointments with lawyers that routinely sue law enforcement and hire one that you like.

Ronald A. Steinberg · Answer

You either prepare and file a lawsuit, or you hire a lawyer to do it.  If you do it yourself, I promise you, sight unseen, that you will screw it up and get tossed out of court.  Therefore, you find a lawyer that specializes in Federal Court civil rights cases.  You also need some supportive evidence, because the cops will testify that you were fighting with them and that they had to use "reasonable" force to subdue you.  The fact that you got physically roughed up does NOT prove that the cops were wrong.

Irving Blank · Answer

You find yourself a lawyer.  I suggest you get one that has actually tried an excessive force case and one that has experience in personal injury work.

Michael Yeksavich · Answer

Keep calling attorneys until you find one that will take your case.  However,  you might not be able to find an attorney that will take your case; especially  on a contingent fee basis.  Also be aware that since a governmental agency was  involved there are strict time limitations.

James Osak · Answer

Sounds like a good case. You'll need the witnesses for sure. Do you have a criminal record?

Michael Heilmann · Answer

You may only have one year to sue for violation of your civil rights. Get your paperwork and find an experienced lawyer.

Eric Rothstein · Answer

I handle these cases. You need to serve a Notice of Claim within 90 days of the incident to preserve your State claims. Whether to sue depends on the facts and the injuries.

Mark Smith · Answer

You have to hire an attorney and she/he will start by filing a complaint   and obtain records.

Leonard Harden · Answer

Contact a personal injury lawyer nearby.  I can recommend some if I knew where incident occurred.  Keep names and numbers of witnesses.

Gregory Casale · Answer

You simply hire a lawyer willing to take your case. Since Personal Injury cases, which you are talking about, are paid only upon success, lawyers only take them if they feel there is a strong chance of success. The other issue is that many attorneys do not feel comfortable suing the police. I am not of that ilk. I am however concerned that it is hard to succeed in cases against the police that arise during the course of arrest. The police have broad physical authority in making an arrest, as we all saw in the now famous Rodney King arrest and beating in LA some years ago. There, in case you are not familiar with it, a person was struck repeatedly by several police who had essentially formed a circle around him and were beating him with police batons and worse. This was all filmed and shown to the nation on public TV. Despite this public viewing, not one of the police were found guilty in the case brought against them. It is an uphill battle. However, it does not mean you shouldn't try. Mass is not LA and every case is different. Call lawyers and explain what happened.

Scott Hilderman · Answer

You need to hire an attorney who handle Plaintiff's civil rights claims. These are usually filed federally.

Jeff Yeh · Answer

How? As with most things in life, the answer is MONEY. You'll need to pay a couple hundred dollars per hour to hire a lawyer to sue them. By the end of the lawsuit you might find that there is a lein on your house!

John Brennan · Answer

Call an attorney's office, make an appointment, be prepared to pay some fees.  Explain the situation and your damages.  It would be extremely helpful to you case it the arrest was without cause.

Michael Yurasov-Lichtenberg · Answer

Call the New York Bar Association, ask them for a referral. You will need some serious firepower for this case. And don't delay - when it comes to suing the city, you have to act fast or the city becomes immune.

Nathaniel Shafer · Answer

Some personal injury lawyers will take a case on a contingency basis, so you don't have to pay unless you win. The strength of your case will depend on the circumstances of your arrest.

Andrew Velonis · Answer

You have answered your own question, you need an attorney to help you.  Call the Bar Association in your area, they might have a referral service for a civil rights attorney.  There's the good old yellow pages, and of course you can do an internet search.

Arthur Aiken · Answer

You need to find and hire a good attorney as soon as possible.

Britany Engelman · Answer

You should consult with an attorney ASAP. Your statute of limitations for a lawsuit against the police is only 6 months from the date of incident. This is a rather specialized field of law and having an attorney involved from the beginning is advisable.

Charles Robert Cleveland Jr. · Answer

There are strict timelines and filing this type of case. A governmental claim must be filed within six months of the date of the incident. You need to contact a civil rights attorney, call your County Bar Association for referral. This would be a good place to start.

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How do I sue for injuries due to police brutality and excessive forced during an arrest?

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