>  Police Misconduct


Police officers are responsible for enforcing the law, maintaining public order, and managing public safety. When we witness misconduct or become a victim of police misconduct, it becomes difficult to trust the individuals who are sworn to uphold the law and protect citizens. 

What is Police Misconduct? 

Police misconduct occurs when a police officer doesn’t follow proper protocol, acts improperly, or engages in illegal activity. The federal criminal statute that enforces Constitutional limits on conduct by law enforcement officers is 18 U.S.C. § 242. Section 242 provides in relevant part:

“Whoever, under color of any law, …willfully subjects any person…to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime].”

Section 242 is intended to “protect all persons in the United States in their civil rights and furnish the means of their vindication.” Screws v. United States, 325 U.S. 91, 98 (1945) (quoting legislative history). 

(18 U.S.C. § 242. Section 242)

There is no doubt that the police officers of New York face extremely dangerous situations. They must, at times confront individuals who are violent and have no regard for the law. However, through various media platforms (news, social media, etc.) we witness police officers overstepping authority and using unwarranted force on individuals who are unable to protect themselves. Examples of misconduct include: 

  • Improper Discharge of Weapon 
  • Physical Assault (excessive force, torture, etc.) 
  • Sexual Misconduct 
  • Deliberate Indifference to a Serious Medical Condition 
  • Failure to Intervene 
  • Illegal Search 
  • Racial Profiling 
  • Violation of a person’s Miranda rights 

Call a New York Police Misconduct Lawyer at Marvin A. Cooper, P.C

If you feel that a member of the Police Department anywhere in the New York State has abused his or her authority or has used excessive force against you or a loved one, contact the Law Offices of Marvin A. Cooper, P.C. Speaking with a qualified attorney who can help you and direct your next steps is of utmost importance. 

Call us at (914) 357-8911 for a free consultation.