New York police brutality and civil rights violation lawyer David Perecman comments on an alleged incident of police brutality in New York involving mace and a taser. Jonathan Zimmerman of Brooklyn is suing the New York Police Department (NYPD), after he was maced and tasered.
Racial profiling by the NYPD appears evident, as well.
As reported by the New York Daily News, Zimmerman was sitting in his car with a friend outside her home in Bedford-Stuyvesant. A uniformed NYPD officer approached the vehicle and wrote the 26-year-old security guard a ticket for allegedly being double-parked.
Zimmerman then argued with the New York police officer over the ticket. The officer then ordered him out of the car. Zimmerman refused to comply and the police officer allegedly pulled the keys out of the ignition and maced Zimmerman while he was still in his car.
Next, Zimmerman says he was zapped by the taser, pulled out of his car and tasered two more times. Hospital surgeons had to remove an inch-long taser barb from his back which left him with a scar.
A NYPD representative says that "cops ordered Zimmerman to move his car but he instead talked back and had to be restrained."
“It doesn’t appear that the punishment fits the ‘crime.’ Police can use force if the situation calls for it. But in this case, it looks like the officer should have attempted to control the situation with more conversation first. After hearing this story, use of excessive force by police appears to be a valid claim,” said New York police brutality lawyer Perecman.
People should not be shot with a taser for arguing or talking back. This is an excessive use of force unless there is a weapon or an immediate threat of death or serious injury to the police officer, the individual himself, or another person that cannot be diffused through less extreme measures.
A Civilian Complaint Review Board investigation of the police brutality claim has yielded no results so now Zimmerman is suing the city and the New York police department for police brutality.
Zimmerman’s charges for resisting arrest and disorderly conduct were all dropped.
“Being that Zimmerman is African-American, racial profiling by New York police appears likely. Most people would be ticketed if they were violating parking rules, but they would not be forced out of their vehicles by mace and taser - at the same time,” said Perecman, founder of the police brutality law firm, The Perecman Firm.
“Whether the NYPD acted correctly or not, even the appearance of excessive use of force by police in New York does irreparable damage to their reputation. In this alleged police brutality case, the fact that mace and a taser were used on a person sitting in his car is not going to look good no matter how the story is told,” said Perecman, a New York police brutality lawyer for over 30 years.