Police Misconduct Lawyer Archives -

April 29, 2015 Michael Lamonsoff Leave a Comment

With the help of a wrongful death attorney, the family of John Geer settled with Fairfax County this week regarding the police shooting that led to Geer’s death in 2013.

Mr. Geer was shot and killed by police while standing with his hands up in the doorway to his own home. He was unarmed and reportedly said to police, “I don’t want anybody to get shot and I don’t wanna get shot, ‘cause I don’t want to die today.”

Why Was Mr. Geer Shot?

The police were on Mr. Geer’s property in response to a domestic dispute. Geer lived on the property with his girlfriend and their two children.

However, while officers were attempting to talk Geer into peaceful surrender, Officer Adam Torres shot and killed Geer from about 17 feet away. Officer Torres told investigators that he thought Geer was moving his hands toward his waist and could have been reaching for a weapon. However, the other officers on the scene maintain that Geer’s hands were up and he was clearly unarmed.

Following the shot, Geer retreated into his home where he bled to death. Officers did not attempt to administer aid for over an hour after the shot was fired.

In the aftermath of Geer’s wrongful death, Officers issued statements like, “I didn’t see what [Officer Torres] saw,” and “[Torres] killed that guy and he didn’t have to.” Reports also arose showing that Officer Torres had been involved in a heated argument with his wife shortly before the incident and that had a history of heated outbursts, including a “meltdown” during an internal affairs investigation months prior to the Geer shooting.

Officer Torres told the press he “didn’t feel sorry at all,” for shooting and killing Mr. Geer.

Who Is Responsible For Mr. Geer’s Death?

While the wrongful death of John Geer remains under criminal investigation and internal police review at both the federal and state levels, the family of the victim was awarded approximately $3 million in a settlement with the Fairfax County Board of Supervisors. Board chairman Sharon Bulvoa told CBS that she was “pleased that a fair settlement has been reached and I hope this may bring some measure of closure to the family of John Geer.”

While further suits continue to make progress, a group called Justice for John Geer has issued demands that all documentation relating to the police shooting be made available to the public. The group lobbied at Mount Vernon’s town hall regarding some 11,000 pages of documentation relating to the case. Group member Mike Curtis told ABC 7 that even the information had been deliberately released at odd hours to avoid negative attention. “Obviously they don’t want it to be picked up by the media,” he said.

Geer’s family members have expressed frustration that Officer Torres is still on county payroll while the investigation is underway. The victim’s father, Don Geer, told The Connection, “As far as I’m concerned, until charges are pressed with Torres, it won’t be a closure. Fairfax has still done nothing as far as [Torres] is concerned. He’s still on the daggone payroll. I’m paying his salary. That’s really quite disgusting.”

Jeff Stewart, a friend of Mr. Geer’s who witnessed the police shooting says that “money doesn’t solve the problem … money doesn’t hold anyone accountable.”

Police misconduct, leading to countless accounts of police brutality, police shootings, and wrongful deaths per year is a serious issue. The Law Offices of Michael S. Lamonsoff has represented the victims of police misconduct; helping seek the reparation they are owed.

If you have been the victim of police misconduct or are bereaved as the result of a wrongful death at the hands of police, call our offices at (212) 962-1020. We’ll ensure that you are connected to an experienced police misconduct attorney who will listen to your case and advise you on your legal options for compensation and care.

April 21, 2015 Michael Lamonsoff Leave a Comment

Our team of police abuse attorneys recently learned of an incident where a City of Inkster police officer, who was caught on camera violently beating a suspect, was charged with felony assault and misconduct in office. The video caught by Officer William Melendez’s own patrol car camera on January 28^th shows him ruthlessly punching 55-year-old Floyd Dent at the site of a traffic stop.

Officer Melendez was fired from the Inkster Police Department last week, more than three months after the assault. He now faces up to 10 years in prison.

What Does The Dashcam Video Show?

The damning dashcam video also shows other Inkster officers kicking and tasing Mr. Dent. These other officers have not yet been charged, despite Dent’s insistence that all involved be brought to justice. According to The Detroit News, the prosecution has stated that no further charges are forthcoming.

Melendez claims he found cocaine on Mr. Dent and that Mr. Dent proceeded to threaten Melendez’s life as well as bite him. Dent denies these claims and has been cleared of charges for resisting arrest and drug possession from the time of the incident. Prosecutor Kym Worthy declined to comment on allegations that Officer Melendez planted cocaine in Mr. Dent’s car, instead opting to say that the charges had been dropped, in “the best interest of justice.”

Floyd Dent was hospitalized for several days from the injuries he sustained from the police brutality. The disturbing dashcam video showing the police beating Mr. Dent can be viewed courtesy of the Inkster Police Department in this USA Today article.

Mr. Dent’s attorney, Gregory Rohl, says that without the video, “Inkster wouldn’t have done anything.” Ms. Worthy acknowledged that the public “probably wouldn’t know about it,” if the video hadn’t surfaced during Monday’s news conference.

What Can A Lawyer Do In A Police Misconduct Case?

This story comes on the tail of many recent high profile police misconduct cases, several of which resulted in the wrongful death of a victim, including a second video showing extreme use of police force against a parole absconder named Andrew Jackson Junior. Jackson is caught on a bystander’s cell phone camera being punched and kicked by police.

In the case of Mr. Jackson, no criminal charges have been issued. Ms. Worthy commented that “he was a felon attempting to flee … armed with a weapon [and actively resisting] attempts to arrest.”

Stories of police misconduct and police brutality are overwhelming the news. You and your loved ones have rights that must be respected, even by law enforcement. If you suspect that you or someone you know has been the victim of police misconduct, it is important to speak to a knowledgeable police misconduct attorney immediately.

The Law Offices of Michael S. Lamonsoff, PLLC is dedicated to upholding your civil rights. If you would like a free consultation and advice about your experience with the police, give us a call any time at (212) 962-1020. Your conversation with one of our experienced police misconduct attorneys will be confidential and free of charge.

April 14, 2015 Michael Lamonsoff Leave a Comment

Hundreds of people, including police abuse attorneys, gathered today as part of a demonstration against the recent police shootings of black and Hispanic victims around the nation. Protestors marched from Manhattan’s Union Square to the New York City Police Department (NYPD) headquarters at 1 Police Plaza then crossed and flooded the Brooklyn Bridge, stopping traffic A video of the protest can be seen via NBC New York’s webpage here and via 7online.com here.

Signs held by protesters urged passersby to “Stop Killer Cops” and “Stop Murder by Police!”

Who Organized The Protest?

The protest was organized by the Stop Mass Incarceration Network after the horrific aftermath of the fatal police shooting of Walter Scott, an unarmed black man killed by police in North Charleston, South Carolina earlier this month. Scott was shot several times in the back by a white police officer, who has since been charged with murder. A video of the event, caught on a bystander’s cell phone, has since gone viral, raising public ire.

Attending the protest was Nicholas Heyward Sr., whose 13-year-old son, and namesake was shot and killed by a police officer. Heyward Jr. was playing “cops and robbers” with a toy gun when he was gunned down in a public housing community.

Heyward Sr. told Reuters.com he has been fighting to get his son’s case reopened for 20 years. “It’s painful,” he said. “Not only do I have to wait, but while I’m waiting, I am constantly seeing innocent victims gunned down on the street for no reason at all.”

The protest in New York City is one of 28 being held across the country at locations spanning from Los Angeles to Ferguson, Missouri, where Michael Brown was infamously gunned down in August 2014.

The Mass Incarceration Network promoted the event as National Shut Down Day, encouraging protesters to “Stop Business as Usual” and skip work or school in favor of protesting against a system that has cost so many innocent lives. The hashtag for the events was #ShutDownA14 – which received an outpouring of messages on social media networks.

How Does The Law Office of Michael S. Lamonsoff Help Victims Of Police Abuse?

The Law Offices of Michael S. Lamonsoff have represented scores of victims of police shootings and misconduct. The principal of the firm, Michael S. Lamonsoff, Esq., a high-profile Civil Rights attorney, has publically called for enhanced law enforcement training in response to the escalation of wrongful police shootings. He has criticized the hypocrisy of municipalities’ response to the escalation of police abuse cases by their allocation of their budgets to hiring defense lawyers rather than officer training.

The police brutality attorneys at the Law Offices of Michael S. Lamonsoff are constantly fighting for the rights of victims of police brutality, police shootings, and other forms of misconduct such as false arrest. If you or a loved one has been the victim of a police shooting or other police misconduct, call our offices now at (212) 962-1020 for a free consultation about you and your personal experience. No case is too large or too small and our police misconduct attorneys will give your unique situation the attention it deserves.

August 21, 2014 Michael Lamonsoff

A march in memory of Eric Garner is planned for Saturday, August 23, with an estimated 15,000 people expected to attend. The march will begin at the site of Garner’s death, on the corner of Victory Boulevard and Bay Street in Tompkinsville, and end at the Staten Island District Attorney’s office.

The District Attorney (D.A.), recently announced that the case will be sent to the Grand Jury. The march hopes to call attention to the issues of false arrest, police brutality, excessive force, and civil rights violations currently facing residents of the Bronx, Brooklyn, Queens and the surrounding of New York City.

In the wake of Mr. Garner’s death, wrongful death lawyers, community, and religious leaders have been unified in their quest to overhaul the current system of policing by the New York City Police Department (NYPD). Mayor de Blasio recently attended a roundtable meeting with Al Sharpton, Cardinal Timothy Dolan and others to discuss the Garner case and the rally. The Mayor spoke of a city struggling with long-held distrust of the police. (Read more here).

There is a belief that the problems of excessive force, false arrest and police brutality can be solved by a return to community-based policing. With community-based policing, officers become familiar with the people they are charged with policing. The NYPD would work within the community to build relationships in the hopes of deterring crime from occurring.

Studies show that community-based policing helps reduce violent crimes and mends relations between citizens and police forces. When citizens and the local officers “on the beat” become familiar with each other, they are more likely to exhibit respect and decrease the level of wrongful behavior on both sides.

What Is The Broken Windows Theory?

In contrast, the “Broken Windows Theory” supported by today’s administration, emphasizes the need for the NYPD to use heavy handed tactics to stop even the most minor crimes. The theory leads to an “us versus them” mentality which fosters a disregard of due process and an increase of constitutional violations. Under “broken windows”, the writing of violations is the most frequent activity of the NYPD.

According to a recent article in the New York Daily News, about 81% of the 7.3 million summonses issued between 2001 and 2013 were issued to African-Americans and Hispanics. An East Harlem resident who was issued a summons noted, “My neighborhood is like it’s under martial law. We got all these rookie officers on each corner. These officers, they just run around and ask you for any excuse to ask you for your ID and write you a summons.” (Read more: HERE).

This strengthens the contention that the NYPD is racially profiling in its policing in New York City. With community policing, officers would get out into the neighborhood to find ways to stop crimes before they happen, instead of reacting afterward or spending the day issuing summonses.

A 1999 case study of two Bronx neighborhoods demonstrates a decrease in police brutality with the onset of community-based policing. The study showed that police commanders in the two neighborhoods were able to reduce complaints against their officers while experiencing a decline in crime.

This was achieved because commanding officers focused on improving community relations and on the supervision of their officers. Real consequences followed if officers received civilian complaints. Young officers who showed bad attitudes were paired with veterans.

Commanders in the two precincts attended community council meetings and addressed community concerns. Patrol officers assigned to beats in these two precincts introduced themselves to community members fostering an atmosphere of mutual respect. (Read more: HERE.) Community-based policing can help decrease the incidence of civil rights violations.

When community-based policing is executed properly, incidents of unarmed civilians being shot through wrongful discharge of weapons can be non-existent. Officers can uphold the law without resorting to excessive force or police brutality.

Experienced Police Brutality Lawyers

The Law Offices of Michael S. Lamonsoff concentrates in cases involving false arrests, illegal search and seizures, police brutality, disregard of due process and excessive force. We practice in Brooklyn, Bronx, Manhattan, Queens, and Staten Island and the surrounding counties.

If you have any questions about an encounter with the police or a civil rights violation that happened to you or a loved one, please feel free to contact the Law Offices of Michael S. Lamonsoff, PLLC. You may contact us here via e-mail or call one of our lawyers at the Law Offices of Michael S. Lamonsoff, PLLC at 212-962-1020 (toll-free at 877-MSL-4LAW or 877-675-4529) to schedule a free initial consultation. Our attorneys are here to help you

August 21, 2014 Michael Lamonsoff

The tragic police shooting death of Michael Brown in Ferguson, Missouri again shines a light on a police force’s conduct and training in the arrest of its’ citizens and has police abuse lawyers talking. The case is now being presented to a Grand Jury in St. Louis County. It is estimated that a decision will be made by the Grand Jury in October.

What Is The Biggest Issue At Hand?

The issue amongst others is whether or not the officer, Darren Wilson used excessive force when he shot and killed Mr. Brown who was unarmed. The issue of police excessive force, false arrest and police brutality are the inevitable result of the trend towards heavy-handed policing.

The strategy of many police forces throughout the country, including the New York City Police Department (NYPD) is to decrease serious crimes through an increase of the enforcement against low-level crimes. This lofty goal, referred to as the “Broken Windows Theory” is that this enforcement psychologically dissuades people from committing more serious crimes.

The cost has been a dramatic increase in civil rights violations, including, false arrests, illegal search and seizures, police brutality and a disregard of due process. In addition, its’ apparent that police forces such as the one in Ferguson and the NYPD are not getting proper weapons training. There has been repeated incidents of improper police shootings and improper police discharge of weapons.

Why Is The Brown Case So Similar To Eric Garner’s?

The Brown case has striking similarities to that of Eric Garner, who was placed in a chokehold by the NYPD, during an arrest that led to his death. The basis for Mr. Garner’s arrest was that he was allegedly selling untaxed cigarettes. In the Bronx, Brooklyn and Queens, and throughout the surrounding boroughs of New York City, false arrests, police brutality and the use of excessive force are becoming almost daily events.

The Law Offices of Michael S. Lamonsoff is one of the biggest firms in New York representing victims who have had their civil rights violated as the result of police misconduct. Over the past few years we have seen a dramatic increase of such case.

While police are permitted to uphold the law, they are not allowed to view this as permission to violate civil rights, use excessive force and resort to police brutality. A police badge is not a free pass to engage in unconstitutional behavior.