New York Civil Rights And Criminal Defense Lawyers

You can file a claim against the police for misconduct

On Behalf of | Monday Oct 21, 2019 | Police Misconduct

There is never a reason for a police officer to brutalize an individual. There’s never a reason for them to violate another person’s rights. At the end of the day, police officers are supposed to protect the peace and enforce the laws, but their main goal should be to protect the people they serve.

Incidents involving police misconduct can be terrifying. Some common situations where misconduct could occur include:

  • During traffic stops
  • While being arrested
  • During actions that are a result of racial profiling
  • During detainment in a jail, detention facility or prison

If you’re victimized in any of these situations, you have a right to speak out and seek help from your attorney.

What are some examples of police misconduct?

There are many things the police could do that would be considered to be misconduct. For example, some include:

  • Using excessive force
  • Sexual misconduct
  • Witness tampering
  • Reckless driving
  • False arrest
  • Unjust imprisonment
  • Abusing authority

What happens if you want to file a claim against the police department in New York?

If you want to file a claim against the New York City Police Department or another municipality, then you will need to file a Notice of Claim with the Controller’s office. You need to do this within 90 days of the incident that the claim is about.

If you do happen to miss the 90-day window, don’t think that you’re completely out of luck. Your attorney can appeal to the court to allow the filing of your Notice of Claim past the 90-day deadline. The maximum time that can pass between the incident and claim is one year and 90 days.