Queens Excessive Force Lawyer

When police officers cross the line from lawful force to brutality, the injuries are both physical and deeply personal. If you or a loved one faced excessive force by the NYPD or other law enforcement in Queens, you need a Queens excessive force lawyer on your side. You need someone who knows federal civil rights law, local precinct patterns, and how to hold officers and the City liable. At The Orlow Firm in Flushing, our attorneys have fought for injured New Yorkers in police misconduct cases for over 40 years.

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Not every use of force by police is unlawful. The legal standard comes from the U.S. Supreme Court's decision in Graham v. Connor, 490 U.S. 386 (1989). That ruling says force must be "objectively reasonable" under the Fourth Amendment. Courts look at three factors. How serious was the alleged crime? Did the suspect pose a direct threat to officers or others? Was the suspect actively resisting or trying to flee?

The force is judged from the view of a reasonable officer on the scene at that moment, not with the benefit of hindsight. When an officer's response goes beyond what a reasonable officer would have done, it becomes excessive. That violates your rights under the Constitution.

New York adds protections beyond the federal standard. New York Penal Law Section 35.30 limits the physical force police can use during arrests. The Eric Garner Anti-Chokehold Act (NY Penal Law Section 121.13-a) makes it a Class C felony when a police or peace officer uses a chokehold or similar restraint and causes serious physical injury or death, punishable by up to 15 years in prison. NYC Administrative Code Section 10-181 also bans chokeholds and similar restraints.

In 2021, NYC became the first major city in the country to ban qualified immunity for police officers. This means officers can be held personally liable under local law. For excessive force claims filed in New York City, this is a major advantage over most other places in the country.

Steven S. Orlow, the firm's Founder, is a former Assistant District Attorney in Kings County. He brings direct insight into how force cases are reviewed from both sides.

Types of Excessive Force in Queens

Excessive force takes many forms. Our review of CCRB complaint data from Queens precincts shows the scope of the problem and which types of force claims come up most often.

Physical Force

Our review of NYC Civilian Complaint Review Board data shows 6,660 "physical force" claims in Queens precincts. This is by far the most common type. It includes punching, kicking, pushing, slamming to the ground, and other hands-on violence. We have helped clients who suffered jaw fractures, shoulder injuries needing surgery, and knee damage from unprovoked assaults by officers.

Weapon Use and Gun Pointing

Our review found 433 "gun pointed" claims in Queens alone. Officers pointing firearms at people who pose no threat can amount to excessive force. This happens during routine traffic stops, cases of mistaken identity, or while looking into minor offenses. We represented a woman with emotional distress who was shot in the face with a bean bag gun and lost her eye.

Chokeholds and Neck Restraints

Now a crime under New York law, chokeholds remain a problem. Under NY Penal Law Section 121.13-a, when a police or peace officer uses a chokehold or similar restraint and causes serious physical injury or death, it is a Class C felony carrying up to 15 years in prison.

Taser and Conducted Energy Device Misuse

Tasers count as intermediate force. But using them against people who are compliant, elderly, or already restrained can amount to excessive force.

Force During Traffic Stops

Our review found 914 vehicle stop claims in Queens precincts. Forcible removal from vehicles, slamming against patrol cars, and rough pat-downs during routine stops are common scenarios.

Force Against Restrained People

Once a person is handcuffed or otherwise restrained, almost any added force is excessive. Post-arrest beatings, rough handling during transport, and purposely tightening handcuffs are all grounds for a claim.

Forcible Removal to Hospital

Our review found 652 claims of "forcible removal to hospital" in Queens precincts. These are cases where people were taken against their will under circumstances that may not have been medically justified.

Note: A single incident can involve excessive force along with a false arrest or malicious prosecution. Our firm handles all three types of claims, and we review every case for all possible causes of action.

How a Queens Excessive Force Lawyer Builds a Section 1983 Claim

The main legal tool for holding police liable is 42 U.S.C. Section 1983. This federal civil rights law lets you sue any person who violates your rights under the Constitution while acting "under color of law." Because NYPD officers act under state authority, Section 1983 covers excessive force by any officer on duty or off duty while using police powers.

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Who You Can Sue

Individual officers who used excessive force can be sued for money damages. NYC's 2021 qualified immunity ban means officers cannot dodge liability by claiming they did not know their conduct was unlawful.

Supervisors can be held liable if they were present and failed to step in. They can also be sued if their training failures or willful neglect led to the abuse.

The City of New York can be sued under Monell v. Department of Social Services, 436 U.S. 658 (1978) when a policy, custom, or pattern of poor training caused the violation. Our review of CCRB data shows top officers in Queens precincts pile up 45 to 64 claims each. This is strong evidence that the City knew about patterns of abuse and failed to act.

Federal and State Court Options

Section 1983 cases from Queens are usually filed in the U.S. District Court for the Eastern District of New York (EDNY). Both Brian Orlow and Adam Orlow, Managing Partners of the firm, are admitted to practice in the EDNY and SDNY. These are the federal courts where these cases are tried.

You may also have state-law claims for assault and battery against the officer. These can be brought in Queens County Supreme Court. Many excessive force cases combine both federal civil rights claims and state tort claims.

Queens Police Misconduct by the Numbers

Queens has a well-documented history of police misconduct. Our firm tracks the data because we believe openness drives accountability.

Our review of NYC Civilian Complaint Review Board data shows Queens recorded 22,104 civilian complaints against police officers between 2000 and 2025. These numbers come from complaint-level records filtered by borough.

Precinct Hotspots

The 103rd Precinct (Jamaica, Hollis, St. Albans) leads all Queens precincts with 2,709 complaints and 3,841 claims. The nearby 113th Precinct (South Jamaica, Springfield Gardens) ranks second with 2,209 complaints. Together, these two Southeast Queens precincts account for 22.2% of all Queens police misconduct complaints. Other high-complaint precincts include the 114th (Astoria/Long Island City), 105th (Queens Village), and 101st (Far Rockaway).

Force Claims

Our review found 8,825 force-related claims in Queens. That is 28.8% of all Queens claims. "Physical force" alone makes up 6,660 of those, and only 2.7% of force claims lead to a finding of wrongdoing (the lowest rate of any complaint type). But that rate has jumped from about 3.2% during 2000-2010 to roughly 11.8% in 2024. This points to greater CCRB effectiveness.

Racial Gaps

Our review found that 42.6% of Queens police misconduct claim subjects are Black, even though Black residents make up about 19% of the Queens population. Asian residents, who make up 27.6% of Queens' population, account for only 6.1% of claims. This suggests possible underreporting in those communities.

Misconduct Beyond Arrests

Our review shows 51.6% of Queens complaints involve encounters where no arrest or summons was issued. This means more than half of all misconduct happens during routine encounters: stops, questioning, or everyday interactions where no criminal activity was suspected.

The financial toll is staggering. The Legal Aid Society reports NYC paid approximately $114.6 million in police misconduct lawsuit settlements in 2023, and over $82 million in just the first seven months of 2024. The NYC Comptroller found NYPD excessive force complaints surged 49% between 2022 and 2023.

What Your Excessive Force Case May Be Worth

Every excessive force case is different, but compensation typically falls into three groups.

Compensatory Damages

Medical bills (ER visits, surgeries, physical therapy, ongoing treatment) are recoverable. So are lost wages, lost earning capacity if injuries keep you from working, and rehab costs.

Non-Economic Damages

Pain and suffering, emotional distress, post-traumatic stress disorder (PTSD), humiliation, and loss of enjoyment of life. Police brutality often causes lasting psychological harm that goes beyond the physical injuries.

Punitive Damages

When an officer's conduct is especially egregious, reckless, or driven by malice, courts can award punitive damages. These are meant to punish the wrongdoer and discourage future misconduct.

Factors That Affect Case Value

Cases tend to be worth more when injuries are severe, video evidence exists, the officer has a documented complaint history, or the force was entirely unprovoked. Cases can get more complex when the plaintiff has a criminal history tied to the incident. A lack of witnesses or delayed medical treatment can also add difficulty.

Our Results in Excessive Force Cases

$475,000 — Emotionally disturbed woman shot in the face with a bean bag gun by NYPD officers; lost her eye.

$275,000 — Parking attendant assaulted and falsely arrested by police; required shoulder surgery.

$200,000 — Teenager kicked in the face by NYPD; suffered a jaw fracture requiring surgery.

$150,000 — Grandfather assaulted by NYPD at a family gathering where no crime was suspected; required knee surgery.

$150,000 — Man walking down the street assaulted by police without provocation; required thumb surgery.

$100,000 — Driver assaulted by NYPD during a routine traffic stop; sustained a knee injury.

Prior results do not guarantee a similar outcome.

We work on contingency. You pay nothing unless we recover compensation for you. Call (646) 647-3398 for a free consultation to discuss what your case may be worth.

The CCRB Process: Filing a Complaint vs. Filing a Lawsuit

Many people who face excessive force file a complaint with the NYC Civilian Complaint Review Board (CCRB) and think that is enough. It is not.

What the CCRB Does

The CCRB is an independent agency that reviews four types of police misconduct: Force, Abuse of Authority, Discourtesy, and Offensive Language (FADO). Anyone can file no matter their citizenship status, age, or criminal history. You can file online, by calling 1-800-341-2272, at any precinct, by mail, or through social media.

What the CCRB Cannot Do

The CCRB cannot give you money, fire officers, or bring criminal charges. It can only investigate, confirm complaints, and suggest discipline to the Police Commissioner. Our review shows only 6.1% of Queens complaints are confirmed. Even when confirmed, 24.6% of cases citywide result in no penalty at all. Only 27 officers citywide (0.2% of confirmed cases) were terminated or dismissed.

Why You Need a Lawsuit

A CCRB complaint and a civil lawsuit are separate paths that can run at the same time. The complaint deals with internal accountability. The lawsuit is how you get compensation for your injuries. Filing a CCRB complaint does not replace filing a lawsuit, and it does not extend your legal deadlines. A Queens excessive force lawyer can file both on your behalf.

Important: Statements you make to the CCRB can be used in criminal proceedings. Talk to an attorney before filing a complaint, especially if you face criminal charges from the same incident.

Critical Deadlines for Queens Excessive Force Claims

Missing a deadline can destroy your right to sue forever, no matter how strong your case.

90-Day Notice of Claim

For state tort claims (assault and battery) against the City or officers in their official role, you must file a Notice of Claim within 90 days. This is required under NY General Municipal Law Section 50-e. After filing, the City will schedule a 50-h hearing. This is like a deposition where the City's lawyers question you about what happened. Having your own attorney there is critical.

1 Year and 90 Days for State Lawsuit

Under NY General Municipal Law Section 50-i, you must file your state tort lawsuit within one year and 90 days of the incident.

3 Years for Federal Claims

Section 1983 federal claims use New York's three-year personal injury statute of limitations. While this gives more time than state claims, waiting is risky. Body camera footage may be overwritten, witnesses move away, and memories fade.

Late Filing Exceptions

Courts may allow late filing in limited cases. These include when the injured person is a minor, when someone is mentally or physically unable to file, or in wrongful death cases.

Call (646) 647-3398 now. Every day that passes lowers your chances of holding the NYPD accountable.

Protecting Your Excessive Force Claim: Evidence and Immediate Steps

What you do in the hours and days after a police encounter can decide whether your case succeeds.

1. Seek medical attention right away. Go to an emergency room and have every injury documented, even if it seems minor. NYC Health + Hospitals/Queens (Jamaica), Elmhurst Hospital, and Jamaica Hospital Medical Center are nearby options for Queens residents.

2. Photograph your injuries at multiple stages. Take photos the day of the incident, the next day, and one week later. Bruising evolves and often looks worse at 48-72 hours than at the time of injury.

3. Identify the officer. Write down the officer's name, badge or shield number, precinct, and patrol car number as soon as you can. Our review of CCRB data shows officers refused to provide their name or shield number in 1,873 claims in Queens. Do not assume you will be able to identify them later.

4. Request body camera footage. Our review found only 9.9% of Queens complaints included body-worn camera evidence. NYPD body camera footage can be overwritten if not requested quickly. File a FOIL (Freedom of Information Law) request as soon as possible.

5. Get witness contact information. Get names and phone numbers of anyone who saw what happened.

6. Do not post on social media. Anything you post can be used against you in court.

7. Do not accept a plea deal without talking to a civil rights attorney. If you were charged with resisting arrest or another offense from the same encounter, a guilty plea can seriously damage your excessive force claim. Talk to an attorney before making any decisions about criminal charges.

8. File the Notice of Claim within 90 days. For state-law claims against the City, this deadline is firm.

9. Contact The Orlow Firm at (646) 647-3398. We offer free consultations and can review your case right away. We have four NYC offices and will travel to you if you cannot come to us.

Frequently Asked Questions About Excessive Force Cases

What if I was charged with resisting arrest — can I still sue for excessive force?

Yes. A criminal charge does not stop you from filing a civil excessive force claim. But a guilty plea to resisting arrest can hurt your case because it may be used to argue the officer's force was justified. Never accept a plea deal without talking to a civil rights attorney who can weigh the impact on your civil claim.

Do I need video evidence to prove excessive force?

No. While body camera or bystander video helps a case, it is not required. Medical records showing injuries, witness testimony, the officer's prior complaint history through CCRB records, and expert review can all support your claim. Video is helpful but not needed.

Can I sue if I was not physically injured?

Yes. Pointing a weapon at someone without cause, verbal threats, and conduct causing severe emotional distress can all support a civil rights claim under Section 1983. Physical injury raises the damages amount but is not required. Emotional harm, humiliation, and post-traumatic stress from police encounters are all valid bases for a claim.

What happens to the officer after a lawsuit?

A civil lawsuit leads to money damages paid by the officer, the City, or both. It does not lead to criminal charges or firing. But a lawsuit creates a public record, and settlement payments are tracked by the NYC Comptroller. Separate CCRB discipline or criminal prosecution by the district attorney are independent processes.

Can undocumented immigrants file excessive force claims in New York?

Yes. Immigration status does not affect your right to file a civil rights claim under Section 1983 or a CCRB complaint. The CCRB says anyone can file no matter their citizenship or immigration status. Our firm has represented undocumented clients in personal injury and civil rights cases throughout Queens.

Will suing the police put me at risk of retaliation?

Federal and state laws ban law enforcement retaliation against people who file civil rights complaints or lawsuits. Retaliatory conduct, like surveillance, harassment, or new false charges, is itself a separate civil rights violation that can raise damages in your case.

How long does a police brutality case take to resolve?

Most excessive force cases take 18 months to three years to resolve. Cases that settle through talks usually wrap up faster than those that go to trial in federal court. The timeline depends on injury severity, whether criminal charges are pending, the number of defendants, and the complexity of the evidence.

What is the difference between a CCRB complaint and a lawsuit?

A CCRB complaint is an internal review process that can lead to officer discipline but cannot give you money. A lawsuit is a legal proceeding in court that seeks money for your injuries. You can pursue both at the same time, but only a lawsuit can provide payment for medical bills, lost wages, and pain and suffering.

Sources & Official Resources

Federal Laws & Supreme Court Cases

1. 42 U.S.C. Section 1983 — Civil Action for Deprivation of Rights
2. Graham v. Connor, 490 U.S. 386 (1989) — Excessive Force Standard
3. Monell v. Department of Social Services, 436 U.S. 658 (1978) — Municipal Liability

New York State Laws Cited

4. NY Penal Law Section 35.30 — Justification; Use of Physical Force in Making an Arrest
5. NY Penal Law Section 121.13-a — Aggravated Strangulation (Eric Garner Anti-Chokehold Act)
6. NY General Municipal Law Section 50-e — Notice of Claim
7. NY General Municipal Law Section 50-i — Presentation of Tort Claims; Commencement of Actions

NYC Laws Cited

8. NYC Administrative Code Section 10-181 — Unlawful Methods of Restraint (Chokehold Ban)
9. NYC Council Local Law 48 (2021) — Ending Qualified Immunity for Police Officers

Government Reports & Data

10. NYC Comptroller — NYPD Excessive Force Complaints Surged 49% (2022-2023)
11. NYC CCRB — File a Complaint

Statistics Sources

12. NYC Open Data — CCRB Complaints and Allegations (2000-2025)

Data Methodology Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. NYC Civilian Complaint Review Board (CCRB) complaint and allegation data (2000-2025) is published at the complaint/allegation level with precinct, borough, and demographic fields. We aggregated these records to produce the Queens-specific statistics cited above, as the CCRB does not publish pre-calculated precinct-level or borough-level breakdowns for all metrics.

Contact a Queens Excessive Force Lawyer Today

If police officers used excessive force against you or someone you love in Queens, time is critical. The 90-day Notice of Claim deadline can pass quickly, and evidence like body camera footage may not be kept forever. The Orlow Firm has represented injured Queens residents from Jamaica to Astoria, Flushing to Far Rockaway, for over 40 years.

Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win your case. Se Habla Espanol.

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