Bronx, NY asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York

Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on the cuff so i hit him as reaction of the pain they offered me a violation then a acd i have court tuesday can i still sue if i accept the acd or do i need the case dismissed in order to sue the officer also punched me in the back after i was hancuffed.. I need a civil lawyer willing to take my case in nyc please help me. i cant close my hand all the way

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.

https://www.findlaw.com/criminal/criminal-procedure/excessive-force-and-police-brutality.html#:~:text=Excessive%20force%20refers%20to%20situations,themselves%20or%20others%20from%20harm.&text=When%20it%20involves%20law%20enforcement,referred%20to%20as%20police%20brutality.

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