New York / New Jersey Injury Lawyer Applauds Media Focus on ‘Stop, Question and Frisk’ Policy

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Attorney Joseph A. Ginarte of Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP, says a recent New York Times article on physical force used by NYPD officers shines light on an important issue.

New Jersey civil rights attorney, New York personal injury lawyer

New Jersey and New York personal injury attorney Joseph A. Ginarte

[A]ccording to this article, in very few of these cases is an arrest made or charges brought. It raises questions about whether officers are using sufficient discretion in the first place.

A New York Times report on the NYPD’s “stop, question and frisk” policy highlights the growing problem of excessive police force, New York / New Jersey injury lawyer Joseph A. Ginarte said today.

The “stop, question and frisk” policy allows officers to stop people that they reasonably believe are committing a crime or about to commit a crime.

In 2011, the New York City Police Department made a record 680,000 stops pursuant to the policy, the Times reported. In one out of five incidents, some level of physical force was used, and in certain districts, such as the West Bronx, the rate was twice as high, the newspaper said.

“People who have been stopped say that if they show the slightest bit of resistance, even verbally, they can find themselves slammed against walls, forced to the ground and, on rarer occasions, with officers’ guns pointed at their heads,” the article stated.

Ginarte, a veteran New York and New Jersey personal injury attorney, said the story brings a troublesome issue to light.

“It is not just the use of physical force that is troubling,” said Ginarte, founder of the New York / New Jersey personal injury law firm of Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP.

“It is also the fact that, according to this article, in very few of these cases is an arrest made or charges brought. It raises questions about whether officers are using sufficient discretion in the first place,” Ginarte said.

Ginarte’s law firm has experience in personal injury and wrongful death claims against public entities.

In July, Ginarte joined other attorneys in filing a civil rights lawsuit in the U.S. District Court for the District of New Jersey on behalf of 19-year-old Victor Rodriquez, who was shot in the back during an encounter with law enforcement officers. The case number is 3:12-cv-04722-FLW-TJB.

The lawsuit alleges that officers from the New Brunswick Police Department and Middlesex County Sheriff’s Department used excessive force against Rodriguez and violated his state and federal constitutional rights. The January 2012 shooting left Rodriguez paralyzed for life.

About Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP

For more than 30 years, Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP, has served the residents of the New Jersey and New York metro area. In addition to its general practice, the firm assists clients with legal claims arising from car accidents, truck accidents, motorcycle accidents, construction accidents, medical malpractice and other personal injury cases. The firm also represents clients in employment discrimination, Social Security Disability and workers’ compensation matters. The Ginarte law firm features offices located in New York City, Newark, Elizabeth, Clifton, Union City and Perth Amboy. The firm’s New York office is located at 225 Broadway, 13 Floor, New York, NY 10007 (local phone (212) 601-9700). The firm can assist Spanish-speaking and Portuguese-speaking clients. To learn more, call 1-888-GINARTE or use the firm’s online contact form.

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