What is "police brutality"?
"Unreasonable force" used by a police officer while acting in his capacity as an officer is considered police brutality. Police officers are entitled to use "reasonable force" to protect themselves and others and to detain a person that they have reason to believe has committed a crime. They are not, however, entitled to use unreasonable or excessive force. What is reasonable as opposed to excessive often depends on the circumstances of the case. It is best to speak with an attorney who will assist you in determining whether you may have a legitimate claim of police brutality.
How do I protect my rights when I have been injured by an act of police brutality?
New Jersey law provides certain immunities to government employees and entities. Because of these immunities, you must act quickly to protect your rights. The filing of a "Notice of Tort Claims" form preserves your right to sue. If you fail to file the Notice within the specified period of time, you may discover that you are barred from filing a lawsuit. Contact Stark & Stark immediately to assist you in completing this form!
TO PRESERVE YOUR RIGHTS IN NEW JERSEY, YOU MUST FILE, WITHIN 90 DAYS OF THE DATE OF YOUR INJURY, A DOCUMENT KNOWN AS A "NOTICE OF TORT CLAIMS" OR YOU MAY FOREVER BE BARRED FROM FILING A LAWSUIT FOR THE INJURY AGAINST THE POLICE AND THE VILLAGE, TOWN, CITY OR OTHER MUNICIPALITY.
Do I have any chance of being compensated for my injuries when I have been injured by an act of police brutality?
Yes. When a police officer has committed an act of brutality, that officer no longer has the protection of many of the immunities which ordinarily protect his or her actions, thus, allowing for the possibility of monetary compensation for injuries suffered by an act of police brutality.