Mon 28 Jul, 2025 Police Misconduct

How Do I Sue the Police Department in New York City?

If you’ve been mistreated, abused, or harmed by the NYPD, you’re not alone—and you’re not without options. Suing the police department in New York City isn’t simple, but it can be done. It requires understanding a few key procedures, strict deadlines, and legal standards that apply specifically to lawsuits against the government. At Cody Warner,P.C. we help clients sue the NYPD to get justice after serious police misconduct.

Whether you were falsely arrested, assaulted, unlawfully searched, or subjected to racial profiling, you may be able to file a lawsuit for damages. But it’s not as easy as filing a typical civil suit. There are hoops you must jump through—and deadlines that will shut the door on your claim if you miss them.

This guide breaks down everything you need to know if you’re wondering how to sue the police department in NYC, including the Notice of Claim, the 50-h hearing, and the stages of a civil rights lawsuit.

What Can I Sue the NYPD For?

Before diving into the legal process, let’s be clear: not every bad experience with a police officer justifies a lawsuit. But when the NYPD violates your constitutional rights—or commits an act that would be criminal or negligent if done by anyone else—a civil lawsuit may be the proper route.

Common reasons people sue the police department in NYC include:

False arrest
Excessive force (police brutality)
Malicious prosecution
Denial of trial
Wrongful death

If one of these things happened to you, a lawsuit can be a way to seek compensation and hold the department accountable. But before you file, you have to follow a few crucial steps—starting with a Notice of Claim.

Step 1: Filing a Notice of Claim (Very Strict Deadline)

You can’t just sue the NYPD or the City of New York without warning. Under New York General Municipal Law § 50-e, you must file a Notice of Claim within 90 days of the incident.

This is one of the most important—and most overlooked—parts of suing the police. If you miss this deadline, your case might be dead before it starts.

What is a Notice of Claim?

The Notice of Claim is a written document that notifies the City of New York and the NYPD that you intend to sue. It includes basic facts like:

Your name and address
The date and location of the incident
A description of what happened
The nature of your injuries
Your legal claims (e.g., false arrest, excessive force)
The amount of damages you’re seeking

You file the Notice of Claim with the New York City Comptroller’s Office. It can be submitted online, by mail, or in person.

If your claim involves intentional misconduct by a police officer—like an assault or false arrest—your notice must be filed against both the City of New York and, in some cases, the individual officer as well.

Step 2: The 50-h Hearing

After you file the Notice of Claim, the City has the right to question you under oath at what’s called a 50-h hearing, named after General Municipal Law § 50-h.

Think of it like a deposition. A lawyer for the City will ask you about the incident, your injuries, and the basis for your claim.

This hearing is a required part of the process. If you fail to appear or cooperate, your future lawsuit could be dismissed.

Step 3: Deciding Whether to File in State or Federal Court

After the 50-h hearing, you can formally file a lawsuit. But you and your lawyer will have to decide where to file: state court or federal court.

Many lawsuits against police officers involve federal civil rights violations under 42 U.S.C. § 1983, such as:

Excessive force (violating the Fourth Amendment)
False arrest without probable cause

These types of cases can be filed in federal court, which often moves faster and has judges more familiar with constitutional claims.

But state claims—like assault, battery, or negligence—are handled in New York State Supreme Court, and often get included in the same lawsuit.

Depending on the case, your attorney may file in federal court and add state law claims, or vice versa.

Step 4: Drafting and Filing the Complaint

Your lawsuit officially begins when your lawyer files a complaint with the court. This legal document lays out the facts, the laws that were violated, and the damages you’re seeking.

For example, if you were wrongfully arrested and assaulted by the police, your complaint might include claims like:

Violation of Fourth Amendment rights (false arrest)
Excessive force under § 1983
Assault and battery (state law)
Negligent hiring or supervision by the NYPD
Emotional distress

The complaint is served on the City and the individual officers being sued. The defendants then have an opportunity to respond—usually by denying the claims or moving to dismiss the case.

Step 5: Discovery and Depositions

If your case survives any early motions to dismiss, it moves into discovery. This is where both sides gather evidence. Discovery includes:

Depositions: sworn questioning of parties and witnesses
Document demands: police reports, body camera footage, medical records, etc.
Interrogatories: written questions answered under oath

This phase can take months—or even over a year—depending on how complex the case is and whether the City fights disclosure.

Your deposition will likely be taken, and your lawyer will also have a chance to depose the officers involved.

Step 6: Settlement Negotiations

At many points along the way, there may be opportunities to settle the case. The City of New York settles many civil rights cases—especially when the evidence is strong or the risk of trial is high.

The NYC Comptroller’s Office or the City’s Law Department may offer a settlement after reviewing the facts and damages. In some cases, the City may settle even before a complaint is filed—after receiving the Notice of Claim and 50-h testimony.

But not every case settles. And not every offer is worth accepting. A good civil rights attorney will help you weigh whether it’s better to take a deal or proceed to trial.

Step 7: Trial

If the case doesn’t settle, it goes to trial—either in front of a judge or a jury.

At trial, you and your attorney will present evidence, call witnesses, and make legal arguments. The officers and the City will do the same. A jury will decide whether your rights were violated and, if so, how much money you’re owed.

Keep in mind: trials can be risky. The jury might believe the police over you. Or the judge might limit what evidence can be presented. That’s why many cases resolve before trial—but not all.

When a trial is the best option, you need a lawyer who’s ready to go the distance.

Damages You Can Recover

If you win your case, you may be entitled to a range of damages, including:

Compensatory damages: for physical injuries, emotional distress, lost wages, medical expenses, and pain and suffering
Punitive damages: in extreme cases, to punish intentional misconduct
Attorneys’ fees: under federal law, the City may be required to pay your lawyer’s fees if you win

The value of a lawsuit varies widely based on the facts, the severity of the harm, and how clearly the police were in the wrong.

Statutes of Limitation

In addition to the 90-day Notice of Claim deadline, lawsuits against the police are also subject to statutes of limitation—deadlines for filing your actual lawsuit.

State law claims (e.g., assault, negligence): must be filed within 1 year and 90 days from the incident
Federal civil rights claims under § 1983: must be filed within 3 years of the incident

These deadlines matter. If you miss them, your case will likely be dismissed, no matter how strong it is.

Do I Need a Lawyer to Sue the Police?

In theory, you can try to sue the police on your own. In reality, it’s not a good idea.

These cases are complex. The City will have experienced lawyers fighting to dismiss your claim or limit your recovery. You’ll need someone who knows how to navigate the procedural hurdles, handle depositions, get records from the NYPD, and present your case in court.

More importantly, you need a lawyer who isn’t afraid to take on the system—and who understands what’s really at stake.

At Cody Warner, P.C. we are experienced in suing the NYPD. We know the law. We know the NYPD. And we fight for people who’ve been hurt by police misconduct every day.

Conclusion: Take Action Quickly

If you believe your rights were violated by the NYPD, don’t wait. The clock is already ticking. File a Notice of Claim within 90 days and talk to an experienced attorney about your options.

You deserve justice. You deserve to be heard. And if the police stepped over the line, you deserve to hold them accountable.

If you’re ready to talk about what happened, we’re ready to listen. Contact Cody Warner, P.C. for a free consultation. We’ll give you honest advice about your options—and fight for you every step of the way.