Police officers have a duty to protect the public and uphold the law, but when they abuse that power, the consequences can be devastating. Victims of police brutality often suffer not only physical injuries but also deep emotional trauma, loss of trust in public institutions, and damage to their reputations. In Freehold, Point Pleasant, and throughout Monmouth County and Ocean County, residents have the right to hold law enforcement officers accountable when they engage in misconduct.
At Mallon and Tranger, we have spent decades standing up for victims of police brutality across New Jersey. Our attorneys understand that these cases are not only about seeking justice for the individual but also about holding institutions accountable to prevent future abuses. We are committed to providing aggressive, compassionate, and results-driven representation for our clients, whether their case involves excessive force during an arrest, wrongful detention, or malicious prosecution.
Our law firm serves clients in communities including Toms River, Asbury Park, Long Branch, Brick, and beyond, and we are known for taking on tough cases that other firms may shy away from. If you or someone you love has been a victim of police brutality in Freehold, Point Pleasant, or anywhere in New Jersey, our team is prepared to fight for your rights.
What Constitutes Police Brutality in New Jersey?
Police brutality occurs when law enforcement officers act outside the boundaries of their lawful authority, violating a person’s civil rights through excessive force, unlawful detention, or other forms of misconduct. While officers in Freehold, Point Pleasant, Monmouth County, Ocean County, and throughout New Jersey are permitted to use reasonable force to protect themselves and the public, the law draws a clear and firm line between necessary enforcement and abuse of power. Crossing that line can result in serious harm to individuals and communities, and victims have the legal right to pursue justice.
Some of the most common forms of police brutality we encounter in Freehold, Point Pleasant, and surrounding areas include:
- Civil Rights Violations: Any act by law enforcement that infringes on an individual’s constitutionally protected rights. This can involve unlawful searches of a home, denial of medical treatment while in custody, interference with free speech, or discriminatory treatment based on race, religion, or other protected characteristics. These violations not only harm the individual but also erode public trust in the justice system.
- Excessive Force: This occurs when an officer uses more physical force than is reasonably necessary under the circumstances. Examples include striking or kicking a suspect who is already handcuffed, deploying a taser against someone who poses no immediate threat, or using deadly force when safe, non-lethal alternatives are available. In Freehold, Point Pleasant, and throughout Monmouth County and Ocean County, excessive force cases often involve detailed investigations into whether the officer’s actions were justified.
- False Arrest: Detaining or arresting someone without probable cause or a valid warrant is a violation of a person’s fundamental right to liberty. False arrest cases often lead to additional harm, such as job loss, reputational damage, and emotional trauma. Victims in New Jersey have the right to challenge unlawful arrests in court and seek compensation.
- Malicious Prosecution: When an officer or prosecutor pursues criminal charges without sufficient evidence and with an improper motive such as personal animosity or an attempt to conceal misconduct, it is considered malicious prosecution. These cases can lead to prolonged legal battles and significant emotional and financial strain on the victim.
- Abuse of Power: Using the authority of the badge to intimidate, threaten, or coerce individuals into compliance without legal justification is a form of abuse of power. This can include threats of arrest to silence a witness, pressuring someone to waive their legal rights, or retaliating against a person for filing a complaint.
- Filing a False Report: When officers knowingly provide inaccurate, misleading, or fabricated information in official reports, it can have devastating consequences. False reports may be used to justify wrongful arrests, conceal misconduct, or create a false narrative that supports the officer’s actions.
- False Imprisonment: Unlawfully restricting someone’s freedom of movement, such as detaining them without legal authority or holding them for an unreasonable length of time without due process, is a serious violation. In some cases, victims are detained for hours or even days without charges being filed.
- Illegal Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. Conducting a search without a warrant or probable cause, or seizing property without legal authority, violates those protections. In Freehold, Point Pleasant, and other New Jersey communities, illegal search and seizure cases often involve challenging the admissibility of evidence in court.
- Racial Profiling: Stopping, searching, or arresting individuals based on race, ethnicity, religion, or perceived immigration status rather than actual evidence of criminal activity is illegal and discriminatory. Racial profiling cases are particularly damaging because they perpetuate systemic inequality and erode trust between law enforcement and the community.
Each of these actions can lead to serious consequences for victims, ranging from physical injuries and medical expenses to reputational harm, lost employment opportunities, and lasting psychological trauma. In Freehold, Point Pleasant, and across Monmouth County and Ocean County, victims of police brutality have the right to take legal action. Filing a civil lawsuit can hold officers and their departments accountable, help prevent future misconduct, and secure compensation for the harm suffered.
What Rights Do Police Have?
While police officers are granted significant authority to enforce the law in Freehold, Point Pleasant, Monmouth County, Ocean County, and throughout New Jersey, their powers are not unlimited. The scope of their rights is carefully balanced by constitutional safeguards to protect the public from abuse. Understanding both the authority officers hold and the limits placed upon that authority is critical when determining whether an incident rises to the level of police brutality.
In New Jersey, officers have the right to:
- Conduct Searches and Seizures: Officers may search a person, vehicle, or property when they have a valid search warrant issued by a judge or when they have probable cause to believe that evidence of a crime is present. Certain exceptions exist, such as consent searches or situations involving immediate danger, but any search outside these legal boundaries may be unconstitutional.
- Use Reasonable Force: Law enforcement officers may use reasonable force when making an arrest, preventing an escape, or protecting themselves and others from harm. The level of force must be proportionate to the threat or resistance encountered. Unnecessary or excessive force beyond what is justified by the circumstances can lead to serious legal consequences.
- Temporarily Detain Individuals: If an officer has reasonable suspicion that a person is involved in criminal activity, they may briefly detain and question that individual. This is often referred to as a “Terry stop,” and it must be based on specific and articulable facts, not just a hunch or generalized suspicion.
- Carry Firearms and Other Weapons: Officers are authorized to carry firearms, tasers, batons, and other defensive tools in accordance with their department’s policies and New Jersey law. These weapons are intended for self-defense, public protection, and lawful enforcement actions.
- Invoke Qualified Immunity in Certain Situations: Qualified immunity may shield officers from personal liability in civil lawsuits if their conduct did not violate “clearly established” legal standards at the time. This protection is not absolute and does not excuse blatant violations of constitutional rights.
However, these powers are counterbalanced by strict constitutional protections for individuals:
- The Fourth Amendment guards against unreasonable searches and seizures, requiring that most searches be supported by a warrant or probable cause.
- The Fifth Amendment protects against self-incrimination, ensures the right to remain silent, and guarantees due process before the government can deprive a person of life, liberty, or property.
- The Eighth Amendment prohibits cruel and unusual punishment, ensuring that individuals are not subjected to inhumane treatment while in custody.
When police officers in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County exceed these limits, their actions may not only violate department policies but also trigger legal accountability through a police brutality or civil rights lawsuit.
When a Negative Police Encounter Is Not Police Brutality
Not every unpleasant or frustrating interaction with law enforcement rises to the level of police brutality. In New Jersey, police brutality claims require proof that an officer acted outside the scope of lawful authority and violated a person’s constitutional rights. This usually involves excessive force, unlawful detention, false arrest, or other serious misconduct.
Situations that generally do not meet the legal threshold for police brutality include:
- A lawful arrest where the officer used reasonable force
- An officer being rude, dismissive, or unprofessional in tone
- Delays in processing paperwork or releasing a detainee if procedures were followed
- Disagreements over traffic citations or minor ordinance violations
- Investigations or questioning conducted within legal bounds
While these experiences can still be upsetting, they may not be actionable in court without evidence of unlawful force, detention, or other rights violations. That being said, if you are unsure whether your case qualifies, speaking with an experienced attorney is the best way to get clarity. At Mallon and Tranger, we review the facts, evidence, and potential claims so you understand your legal options before moving forward.
Steps to Take If You Believe You Experienced Police Brutality
If you believe you have been the victim of police brutality in Freehold, Point Pleasant, Monmouth County, or Ocean County, the actions you take immediately afterward can greatly influence your ability to prove your case. The following steps can help preserve crucial evidence and strengthen your potential claim:
- Seek Medical Attention Immediately: Your health is the top priority. Documenting injuries right away creates a clear link between the incident and the harm suffered.
- Document Everything: Write down your recollection of events as soon as possible, including the date, time, location, officer names or badge numbers, and details of what occurred.
- Take Photos and Videos: Capture images of your injuries, damaged property, or the scene of the incident.
- Collect Witness Information: If others saw what happened, get their names and contact details. Witness statements can be powerful evidence.
- Preserve Physical Evidence: Keep any clothing, personal items, or devices damaged in the incident.
- Request Records: File a request for police reports, body camera footage, and other relevant records.
- Consider Filing a Complaint: An internal affairs complaint can establish a record of the misconduct.
Police brutality claims require strong proof, and cases are often contested aggressively by the defense. The sooner you involve an attorney, the better your chances of protecting your rights and securing the compensation you deserve. Mallon and Tranger has the resources, experience, and dedication to investigate your case, gather evidence, and pursue justice on your behalf.
Compensation Available in Police Brutality Cases
Victims of police brutality in Freehold, Point Pleasant, and throughout Monmouth County and Ocean County may be entitled to significant financial recovery through a civil lawsuit. The purpose of pursuing compensation is not only to hold the offending officers and their departments accountable but also to help restore the victim to the position they would have been in if the misconduct had never happened. Compensation can address both the tangible and intangible losses caused by the abuse of power, helping victims rebuild their lives after such traumatic events.
Potential damages in a police brutality case include:
- Medical Expenses: This includes reimbursement for emergency room visits, hospital stays, surgeries, diagnostic testing, physical therapy, and any ongoing medical care required to treat injuries caused by police misconduct. In severe cases, compensation can also cover future anticipated medical costs, such as long-term rehabilitation or treatment for permanent disabilities.
- Lost Wages and Loss of Future Earnings: Victims who miss work while recovering from injuries can seek damages for lost wages. If the injuries are so severe that the victim cannot return to their prior employment or must take a lower-paying job, they may also be compensated for loss of earning capacity.
- Pain and Suffering: Beyond physical injuries, victims may endure emotional distress, anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological effects. These non-economic damages are an essential part of ensuring that victims are compensated for the full impact of the incident on their quality of life.
- Property Damage: If personal belongings were damaged or destroyed during the incident, such as cell phones, vehicles, or clothing, victims may recover the cost of repair or replacement.
- Punitive Damages: In cases where misconduct is particularly egregious, punitive damages may be awarded. These are intended to punish the wrongdoer and send a strong message that such conduct will not be tolerated in Freehold, Point Pleasant, or anywhere in New Jersey.
- Attorney’s Fees and Court Costs: Certain civil rights laws allow prevailing plaintiffs to recover their legal fees and litigation costs from the defendant, reducing the financial burden on the victim.
The value of a police brutality claim depends on many factors, including the severity of the injuries, the extent of emotional harm, the degree of misconduct, and the evidence available to support the case. An experienced police brutality attorney at Mallon and Tranger can carefully evaluate your case, collect critical evidence, work with expert witnesses, and build a powerful claim to pursue the maximum possible recovery.
Notable Police Brutality Settlements by Mallon and Tranger
Over the years, Mallon and Tranger has secured millions of dollars in compensation for clients harmed by police misconduct. Some of their most notable results include:
- 2010 – $327,500 Settlement for a False Imprisonment.
- 2014 – $500,000 Settlement for Excessive Force.
- 2017 – $500,000 Settlement for Excessive Force.
- 2017 – $100,000 Settlement for Denial of Adequate Medical Care and Failure to Prevent Suicide.
- 2018 – $700,000 Settlement for Unlawful Seizure, Excessive Force, and Violation of the Conscientious Employee Protection Act.
- 2020 – $950,000 Settlement for False Arrest.
- 2020 – Over $1 Million Recovered in police misconduct cases collectively.
These are just a few of the many police brutality cases that our firm has successfully handled. These results demonstrate the firm’s ability to confront powerful law enforcement agencies, uncover the truth, and fight tirelessly to secure justice for victims. Whether the case involves excessive force, unlawful detention, or denial of medical care, Mallon and Tranger has the legal skill, investigative resources, and courtroom experience necessary to deliver results.
How Can Mallon and Tranger Help Represent Victims of Police Brutality?
When you have been a victim of police brutality in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County, you need an attorney who not only understands the law but also has the courage to take on law enforcement agencies and fight for justice. At Mallon and Tranger, we have built our reputation on standing up for individuals whose rights have been violated by those in positions of power.
Our attorneys have decades of combined legal experience and have successfully handled high-profile police misconduct cases throughout New Jersey. We know the tactics law enforcement agencies use to defend their actions, and we know how to expose inconsistencies, uncover evidence, and hold officers accountable.
Proven Record of Success in Police Brutality Cases
We have secured substantial settlements and verdicts for clients whose civil rights were violated. These include cases involving wrongful arrests, excessive force, and unlawful searches that resulted in significant physical and emotional harm. Our team meticulously investigates every detail, from reviewing body camera footage and dispatch records to interviewing witnesses and consulting with medical and use-of-force experts.
Aggressive Advocacy Backed by Experience
Thomas J. Mallon and Randall L. Tranger bring a unique combination of trial experience, negotiation skills, and deep knowledge of New Jersey’s legal system. Our attorneys have spent years in the courtroom, going head-to-head against government attorneys and large police departments. We are not intimidated by the resources law enforcement agencies may have at their disposal, and we have the skills to challenge them effectively.
Understanding the Local Legal Landscape
Police brutality cases in Freehold, Point Pleasant, Monmouth County, and Ocean County require an attorney who understands local court procedures, knows the judges, and has insight into how local police departments operate. We use this knowledge to anticipate the opposition’s moves and craft a strategy that puts our clients in the strongest position possible.
Comprehensive Case Strategy
From the moment we take your case, our focus is on building a strong, evidence-backed claim. This includes:
- Preserving Evidence: We move quickly to secure body cam footage, dash cam video, and other key recordings before they can be lost or altered.
- Witness Interviews: We identify and speak with witnesses early to preserve their testimony.
- Expert Testimony: We work with leading experts in police procedures, forensic analysis, and medicine to support your claims.
- Challenging Official Narratives: We scrutinize police reports for inaccuracies, omissions, or contradictions that reveal misconduct.
Personalized Support for Every Client
We know that cases of police brutality can be deeply traumatic. Our attorneys and staff take the time to listen to your story, explain your options, and keep you informed at every stage of your case. We are committed to ensuring that you not only receive justice but also feel supported throughout the process.
Additional Legal Services
In addition to representing victims of police brutality in Freehold, Point Pleasant, Monmouth County, and Ocean County, Mallon and Tranger offers a wide range of criminal defense services. The firm has decades of combined experience defending clients against serious state and federal charges throughout New Jersey. Their goal in every case is to protect your rights, preserve your freedom, and achieve the most favorable outcome possible.
Their criminal defense practice includes representation in cases involving:
- Drug Crime Defense: Possession, distribution, manufacturing, and prescription drug charges.
- Sex Crime Defense: Sexual assault, child pornography, lewdness, and related offenses.
- White-Collar Crime Defense: Fraud, embezzlement, identity theft, and other financial crimes.
- Juvenile Crime Defense: Representation for minors facing charges in New Jersey’s juvenile court system.
- Traffic Violations: Speeding, reckless driving, and other motor vehicle offenses.
- DUI/DWI Defense: Alcohol and drug-related driving offenses.
- Violent Crimes: Assault, robbery, manslaughter, and other serious offenses.
- And More
No matter the charge, Mallon and Tranger approaches every case with the same dedication, strategic planning, and attention to detail that have earned them a reputation for excellence in New Jersey’s legal community.
Contact Mallon and Tranger for Help With Your Police Brutality Lawsuit
If you or a loved one has been a victim of police brutality in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County, you do not have to face the legal system alone. The attorneys at Mallon and Tranger are ready to stand by your side, fight for your rights, and hold law enforcement accountable for misconduct.
We represent clients throughout New Jersey, including communities like Toms River, Asbury Park, Long Branch, and Brick, and we are proud to serve as a voice for those who have been silenced or mistreated. Whether your case involves excessive force, false arrest, racial profiling, or another form of civil rights violation, we have the experience and determination to seek the justice you deserve.
Call us today at (732) 780-0230 or connect with us online to schedule a confidential consultation. Time is critical in these cases, as evidence can be lost or destroyed, and witnesses’ memories can fade. Let Mallon and Tranger put their decades of experience to work for you and help you pursue the full compensation you are entitled to under the law.