Can I Sue the Police for Emotional Distress?

If the police violated your rights, you may be experiencing significant emotional trauma. If you’ve experienced mistreatment at the hands of the NYPD, you may be wondering: can I sue the police for emotional distress?

The short answer is: yes, under certain circumstances, you can sue law enforcement officers—including the NYPD—for emotional distress in New York City. If you want to discuss suing the NYPD, contact Cody Warner, P.C. for a free consultation.

Let’s break down what emotional distress means in a legal context, when it applies to cases involving police officers, and how these claims work in NYC.

What Is Emotional Distress?

Emotional distress refers to mental suffering, whether it involves anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological symptoms. When this suffering results from police misconduct, you can sue the police for emotional distress.

In the context of police misconduct, emotional distress might arise from:

• Verbal abuse or threats
• Racial profiling or harassment
• Excessive or unnecessary use of force
• False arrest or wrongful imprisonment
• Witnessing or experiencing violent behavior by officers

In New York City, these types of incidents are unfortunately not uncommon. When NYPD officers abuse their authority, they can be held accountable through both state and federal claims.

Can You Sue the NYPD for Emotional Distress?

Yes, you can sue the police in New York for emotional distress, but your success will depend on the details of your case and how well it’s documented. In New York, emotional distress claims typically fall under one of two categories:

1. Intentional Infliction of Emotional Distress (IIED)

To sue for IIED, you must prove that the officer’s conduct was:

• Extreme and outrageous
• Intended to cause, or recklessly disregarded the likelihood of causing, emotional harm
• Directly caused your emotional suffering

This is a high legal standard, and courts do not grant IIED claims lightly. The conduct must be truly egregious—for example, an officer threatening you with harm without justification, or engaging in racially charged harassment while detaining you without cause.

2. Negligent Infliction of Emotional Distress (NIED)

This is slightly easier to prove than IIED, but still requires showing that:

• The officer’s actions were negligent
• You were within the “zone of danger” (at risk of physical harm)
• The emotional distress was serious and verifiable

For instance, if you were wrongly arrested and held in a cell for hours while being denied medical care or subjected to dehumanizing treatment, that could form the basis for a negligent emotional distress claim.

Additional Legal Claims Often Accompany Emotional Distress

In most successful lawsuits against the police, emotional distress is part of a larger claim. This may include:

• False arrest
• Malicious prosecution
• Excessive force or police brutality
• Civil rights violations under 42 U.S. Code § 1983

These claims may provide the foundation for an emotional distress claim and significantly increase your chances of success in court.

How to File a Claim Against the NYPD

Suing the NYPD or any government agency in New York City involves several procedural hurdles. Here’s what you need to know:

1. Notice of Claim

Before you can file a lawsuit against a public entity in New York, you must file a Notice of Claim within 90 days of the incident. This puts the City on notice and gives them a chance to investigate.

If you miss this deadline, your case could be dismissed, no matter how strong it is.

2. Investigation and 50-H Hearing

After filing the notice, the City may conduct a preliminary investigation, including a 50-H hearing (a formal questioning session under oath). This is not a court trial, but it’s a critical part of the process.

3. Filing the Lawsuit

Once the preliminary steps are complete, your attorney can file a civil lawsuit in the appropriate court—either New York State Supreme Court or federal court, depending on the specifics of your case.

What Kind of Compensation Can You Get?

If your lawsuit is successful, you may be awarded compensation for:

• Emotional distress and mental anguish
• Medical expenses (e.g., therapy or psychiatric treatment)
• Loss of liberty from wrongful arrest
• Punitive damages (in cases of extreme misconduct)
• Legal costs and attorney’s fees

The amount varies based on the severity of the mistreatment and the strength of the evidence.

Do You Need a Lawyer?

Yes—absolutely. These types of cases are complex, and the NYPD has powerful legal teams working to defend the City’s interests. A skilled NYC police misconduct lawyer will know how to build a strong case, gather the necessary evidence, and file everything within the strict deadlines.

You need someone who understands both the legal system and the culture of policing in New York City—someone who has fought the NYPD in court and won.

Need Help? Contact Cody Warner, P.C. Today

Suing the police for emotional distress in NYC is not easy, but it is possible—and it’s an important tool for holding law enforcement accountable. If you’ve suffered emotional harm due to police misconduct, don’t suffer in silence. Contact Cody Warner, P.C. today. We can fight for you to help you get justice.