Jersey City and Police Brutality. 

Police Brutality comes in many forms when officers overstep their prescribed duties, and police departments across the United States are in the hot seat for illegal and damaging activities undertaken by their officers. Jersey City Police are not particular about the type of misconduct they engage in, they cover the full gamut including bias-based treatment of citizens, illegal arrests, illegal search and seizure activity, excessive force beatings and sexual misconduct. Bad cops have cost New Jersey governments across the state more than $42 million this decade to cover-up deaths, physical abuses and sexual misconduct.

Excessive force is the most common violation of  police brutality and sexual harassment/assault is second in the amount of complaints filed.  Other actions include false arrest and wrongful imprisonment; wrongful search and seizure activity; and racial and gender discrimination through bias-based profiling.  Police brutality is an illegal and actionable offense to be remedied by affected persons, when misguided police officers overstep the boundaries of their “allowed use of force” as defined by individual state and local policy based in part, upon the Fourth Amendment of the United States Constitution.  While police officers are allowed the “use of force” including hands, batons, tasers, or other weapons when necessary, and in accordance with officer training and department policy, it is a misinterpreted authoritative power placed upon government employees and its misuse makes the newsfeed daily.  Uniform policy is needed to set parameters on what is considered “reasonable” force in any given situation and is often difficult to measure.

False arrest leading to wrongful imprisonment is the unlawful restraint of a person’s freedom of movement by another acting in perceived accordance with the law.  Jersey City Police detained a young Filipino man named Alda because he asked the two officers for their names after requesting their assistance to deal with an unfair cab driver, whereby he and his friends were dismissed and told to just walk home.  The officers grabbed Mr. Alda and kept him overnight at the station without giving him a reason for his arrest, he later found out they charged him with resisting arrest, when he did nothing to be arrested for, and was just seek their help. “The police were more interested in insulting the three Filipino immigrants than helping them, as they requested police assistance.  Mr. Alda had concern for charges and having a police record that could make it harder for him to get a job.

 

Injuries and Damages Caused.

If you have sustained a lasting physical, emotional, or behavioral injury due to an incident involving police brutality, you should contact a civil rights attorney who can navigate a path for you based on your unique situation.  You do not need a lawyer to file a complaint against the Jersey City Police Department or inquire with the Justice Department Regional Office regarding the particulars of the case at hand, but it will make things much easier for you.

Formal Complaint.

Complete a written complaint and keep a copy of it.  Outline the incident of police misconduct leading to your false arrest and request a formal investigation because the officer deviated from department policy, and broken state and federal laws.  File the complaint quickly with reference to the date and time of incident keeping in mind the statute of limitations for filing a civil or criminal case in New Jersey; gather witness statements; if you have physical evidence seek medical help to get a report of your visit; take pictures of injuries and the area where the incident occurred.  Follow up with the Jersey City Professional Standards Department supervisor or the Department of Justice Regional Office as an overseer of the Jersey City Police Department.

Legal Recourse.

There are various federal and state laws including the First, Fourth and Fourteenth Amendments, Title 6 of the Civil Rights Act, Title 42 United States Code, Americans with Disabilities Act, and Alabama State Code to name a few, that insure remedy to individuals who have suffered the negative effects of police brutality through sexual assault/harassment.  If you feel you have been a victim of  any form of police brutality in Jersey City, you should seek professional legal assistance to file a claim and have them review your case to see if you can sue for damages.  Damages may include hospital/medical expenses; past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death or serious injury caused by police brutality through excessive force.

Sources

https://pix11.com/2017/06/07/video-shows-jersey-city-police-officers-kicking-victim-on-fire-after-crash/

https://www.app.com/in-depth/news/investigations/watchdog/shield/2018/01/22/nj-police-brutality-cases-secret-settlements/109479668/

https://www.nj.com/hudson/2015/12/jersey_city_pays_man_20k_to_settle_illegal-search.html

https://www.law.cornell.edu/constitution/amendmentxiv

https://www.law.cornell.edu/constitution/fourth_amendment

https://www.law.cornell.edu/constitution/first_amendment