Overreach by a law enforcement official does not need to result in death or serious injury for police conduct to be actionable. Particularly in New York, the police operate under strict orders and limitations on what they can and cannot do to detain and treat suspects.
When an officer exceeds those limits, and an individual suffers a physical, emotional, or psychological injury, they may have good cause to sue the NYPD.
The NYC civil rights lawyers at Friedman, Levy, Goldfarb & Green, P.C. help victims of police misconduct to recover the damages they deserve to compensate for injuries suffered at the hands of overzealous police officers. Specific rules govern the processes and procedures to sue the NYPD. Victims of police violence should verify that their lawyers understand those rules and have the experience and expertise to overcome the city’s and the police department’s defenses against them.
How Much Time Do You Have to Sue the NYPD?
If you suffer any injuries at the hands of the NYPD, the most important action you should take is to retain a personal injury attorney from our firm. We can review your case and file the required Notice of Claim with the City Comptroller to preserve your right to sue. If you fail to file that Notice within 90 days, your lawsuit will probably be dismissed. After filing the above-mentioned Notice, you must then file your state court lawsuit within one year and 90 days.
In a limited number of situations, a person who suffers injuries in an encounter with the NYPD might be able to file a civil rights lawsuit in federal court. That federal lawsuit will be subject to different time limits and restrictions.
What Kinds of Police Misconduct Will Give You the Right to Sue the NYPD?
NYPD officers must determine how much force is reasonable to use when apprehending a suspect based on the severity of the suspected crime, any threats posed by the suspect, and their attempts to resist arrest. The use of unreasonable or excessive force is often demonstrated by an officer’s misuse of a firearm, stun gun or taser.
It can also include beatings or physical manhandling that result in grievous injuries, lengthy detentions, and false charges that are not based on probable cause. A person might even have a right to sue the NYPD if an officer unreasonably stalks or harasses them solely because of their race or other characteristics.
In every case where these kinds of encounters lead to injuries, the specific facts will control the outcome of a lawsuit. If you have been hurt as a result of the use of force by the NYPD, you can improve your chances of prevailing in your lawsuit by keeping as much information as possible. This might include contact information from witnesses, cell phone photographs or video, and medical records showing the extent of your injuries.
What Damages Can You Recover When You Sue the NYPD?
As with other types of personal injury lawsuits, if your claims show that the NYPD’s use of unreasonable force caused your injuries, you may be entitled to recover compensation. This could cover your medical costs, lost wages, rehabilitation, and occupational therapy, as well as pain and suffering. Police misconduct that leads to an extended period of false imprisonment may be the basis for further damages awards.
If the use of unreasonable force resulted in a fatality, the victim’s family and their estate might be entitled to recover substantial damages for wrongful death. In every instance, a knowledgeable New York City civil rights lawyer can assess your right to recover damages upon reviewing the facts of your case.
Call Friedman, Levy, Goldfarb & Green, P.C. For Information and Representation in Suing the NYPD
The NYPD has made commendable efforts to reduce police misconduct and incidents of police brutality. Still, abuses and unreasonable use of force continue to occur. If this has happened to you, please see our website or contact the Manhattan law firm of Friedman, Levy, Goldfarb & Green, P.C. for a complimentary consultation on how to sue the NYPD and representation in a police misconduct lawsuit.
Our personal injury and civil rights attorneys have represented individuals in Manhattan, the Bronx, Long Island, Brooklyn, and elsewhere in lawsuits against police departments. We believe that holding the police accountable for their excesses is the best way to reduce institutional police misconduct.