While it’s not easy to report police brutality or sue a police officer, it is possible. There are also multiple remedies available.
Here’s what you need to know.
Reasons You Can Sue the Police
Here are a few reasons to sue a police officer in New York.
- Excessive force or police brutality
- Sexual assault
- Spoilation or falsification of evidence
- Fraud or perjury
- Racial profiling
- Coercion that’s outside the scope of their authority
Some of these issues will be easier to prove than others, but you could reasonably sue for any one of these because they are actions that violate both New York’s laws and your Constitutional rights.
Sometimes police officers merely act unprofessionally. For example, police officers aren’t supposed to scream at, verbally abuse, or swear at citizens, even while conducting their duties. Such an act might not be grounds for a lawsuit, but it might be grounds for disciplinary action.
You Must Act Fast
For NYPD or state police claims, you have just 90 days to find a lawyer and file a Notice of Claim with the New York City Comptroller’s Office. If you don’t file the claim, you cannot sue.
Federal claims offer a three-year window, but there are fewer federal complaints of police brutality.
Once your attorney has sent the Notice of Claim, they’ll file a Summons and Complaint noting that the police have violated your rights. The defendants will have twenty or thirty days to answer your complaint.
The Summons and Complaint document officially launches your lawsuit.
Qualified Immunity Can Complicate Your Claim
While moves are being made to end qualified immunity in New York, it is still possible that this doctrine will be an issue in your case.
Qualified immunity protects police officers from civil suits that may be launched against them simply because they were carrying out their assigned duties. You can expect the police to try to use qualified immunity as a defense.
You can still sue if you provide evidence that your constitutional rights were violated with excessive force. The Fourth Amendment protects your right to be free from excessive force. No amount of qualified immunity can free police officers from their obligations to follow the Constitution.
Get Help Today
Contact the Civilian Complaint Review Board (CCRB) if you wish to see an officer disciplined. If you wish to sue over police brutality so you can receive compensation for your injuries, contact our office today.
See also:
Understanding Excessive Force in NYC: A Guide for Victims
NYC Announces Solitary Confinement Compensation Fund