QUESTION
Can my friend sue for police brutality because he was mistaken for someone else?
Asked on Apr 14th, 2013 on Personal Injury - New York
More details to this question:
I witnessed my friend getting beat up by police officers. It’s all on video. There were a total of 5 officers and one kneeing and punching him in the head. He was taken to the hospital for head trauma and had some very deep gashes, scrapes and he lost the ability to use his eye for some time. He's getting better now, but I was wondering what could he possibly do? The reason they grabbed him was because they thought he was someone else.
11 ANSWERS
Yes, it sounds like he has a good case. You need to find a good lawyer who knows civil rights and personal injury. I can help you find one.
Answered on Apr 17th, 2013 at 9:00 PM
Thomas Edward Gates
He should retain an attorney to pursue his personal injury claim against the police.
Answered on Apr 17th, 2013 at 7:45 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If the police did not have a warrant for his arrest and/or reasonable grounds to believe that he had committed a felony and/or that he was in the process of committing a felony then (unless there are other facts that you have not divulged), this would seem to be a false arrest situation, coupled with assault, and battery, and that would render the policemen and their employer liable for the harm that has been done.
Answered on Apr 17th, 2013 at 7:45 PM
Ronald A. Steinberg
Make a complaint to the Police Department Internal Affairs. Get a lawyer.
Answered on Apr 17th, 2013 at 2:05 AM
The mistaken identity may have little to do with him getting beat up. Did he get beat up because of them thinking he was someone else or because of how he responded during the arrest?
Answered on Apr 17th, 2013 at 12:58 AM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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Your friend should hire a competent attorney, the sooner the better, to review all facts and circumstances of the incident and to make sure you comply with all applicable deadlines for suing government entities.
Answered on Apr 17th, 2013 at 12:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that you have defined a cause of action, your friend should immediately take all of the evidence which he has and see an attorney. You are welcome to call my office.
Answered on Apr 17th, 2013 at 12:37 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Based solely on the limited information you have provided, absolutelyyour friend can sue for police brutality. It doesn't even matter that he was mistaken for someone else; unreasonable force (which is, usually, force beyond that which is necessary to restrain a resisting arrestee) is excessive force. Your friend needs to contact a civil rights attorney who deals with police misconduct cases as soon as possible, since there are very strict time restrictions when it comes to asserting a claim against a governmental entity (e.g., in California, you only have six (6) months to file a claim with the proper local entity).
Answered on Apr 17th, 2013 at 12:30 AM
Your friend should immediately secure all the police reports and a copy of the video tape as that tape will be the best evidence of what happened to him. He may have a civil rights claim. A lot of it depends on why the officers engaged in the behavior you claim occurred. These cases are complicated and there are issues of qualified immunity. Your friend will need an attorney on this case because of the many legal issues involved in police misconduct cases.
Answered on Apr 17th, 2013 at 12:29 AM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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Yes. Please have your friend contact me immediately.
Answered on Apr 17th, 2013 at 12:29 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Probably. But, there are certain rules, procedures and requirements of evidence that make this kind of case more involved than one might expect. Your friend should contact a lawyer in your area who is experienced in these matters.
Answered on Apr 16th, 2013 at 10:35 PM