How Do You Sue the Police Department?

This guide outlines how to sue the police department.

If you want to sue the police department in New York City, contact Cody Warner, P.C. for a free consultation. We can discuss your case and develop a plan to get you justice.

Find a Lawyer to Sue the Police Department

The first step to suing the police department is to find a law firm you trust to handle your case.

Of course, you can sue the police without a lawyer. However, a lawyer knows the inner workings of the court and can help you maximize the value of your case. Further, a lawyer can help you avoid procedural errors that could result in the judge dismissing your case.

It’s important for you to find a lawyer whom you trust. You will have to make important decisions during your case, such as whether to accept a settlement offer or go to trial. If you don’t trust your lawyer’s advice, then you will be unsure about the outcome of your case.

Serve Notice of Intent to Sue the Police Department

In many states, like New York, a person must provide prompt notice of their intent to sue the police department.

In New York, when you sue the police department, you are actually suing the municipality that oversees the police department. For instance, if you intend to sue the NYPD, your lawsuit will actually be against the City of New York (and the individual police officers). In New York, you must provide the municipality notice of your claim within 90 days of the incident.

File Lawsuit Against the Police Department

In jurisdictions like New York, you may have to submit to questioning by the City (known as a 50h hearing) before you can file a lawsuit.

Your lawsuit will commence with the filing of a “complaint.” A complaint makes factual allegations and identifies your specific legal claims against the police, such as police brutality or false arrest.

When you sue the police department, you can bring your case in either state or federal court. Each court has its advantages, so your lawyer can speak with you to discuss the right strategy for your case.

Reach a Settlement or Go to Trial

After you file your lawsuit against the police department, your case will begin the “discovery” process.

Discovery is when all parties exchange the information they have that is related to the case. For instance, the Plaintiff will provide documents such as medical records, employment records, photographs and videos. The Defendants will provide any body worn camera footage, police reports, and other relevant items in their possession.

During this time, the police department will assess the case and determine whether to make a settlement offer. The worth of a wrongful arrest case is dependent on the factual specifics. Likewise, the payouts for excessive force claims widely vary depending on the facts.

If you and your lawyer decide that the settlement offer is reasonable, you can accept it, and your lawsuit is concluded.

On the other hand, if the settlement offer does not provide fair compensation, then you can take the case to trial. At trial, a jury will determine whether the police department is liable and will decide how much compensation you should receive.

Need Help Suing the Police Department? Contact Us Today

If you are interested in suing the police in New York City for violating your rights, contact Cody Warner, P.C. for a free consultation. We are NYC criminal lawyers who know the ins and outs of police misconduct. We can evaluate your case and determine the best path towards getting you justice.