NYC Police Brutality Lawyer

Victims of police brutality face serious physical, mental, and emotional trauma.

At Cody Warner, P.C., our lawyers have extensive experience navigating the New York City courts to get justice for our clients. Contact us today for help.

What Is Police Brutality?

“Police brutality” occurs when a law enforcement officer uses force that is unreasonable under the circumstances. In New York City, lawyers sue police officers for police brutality by making an excessive force claim under federal civil rights law, 42 U.S.C. § 1983. At Cody Warner, P.C., we also bring forward analogous claims under state law, such as assault and battery.

How Do NYC Courts Decide If Force Was Excessive?

To determine whether a force was excessive, courts consider the circumstances of the incident. Courts consider factors including:

• The severity of the suspected offense that led to police contact;
• Whether the person posed an immediate threat to officers or others;
• Whether the person was actively resisting or attempting to flee.

Contact us today to discuss your case and determine whether the force used against you was excessive under the law.

Who Can Be Sued in a Police Brutality Case?

• Individual Officers: You can sue individual NYPD officers for constitutional violations such as excessive force.
• The City of New York: Although the City of New York can’t be directly sued for excessive force, they can be sued under state law for assault and battery under the theory that the City of New York is vicariously liable as the employer of the officers who injured you.

When our firm sues for excessive force, we typically sue both the City of New York and the individual officers.

Deadlines & Statutes of Limitations

1. Notice of Claim (State Law Requirement)

Before suing the City of New York for state law claims such as assault and battery, you must file a Notice of Claim with the City’s Comptroller’s Office within 90 days of the incident. Failing to do so generally bars state-law claims.

A Notice of Claim must contain:

• The date, time, and location of the misconduct;
• The officers’ names (if known);
• A description of what happened;
• A list of injuries and damages suffered.

2. State-Law Filing Deadline

After serving the Notice of Claim, you have 1 year and 90 days from the date of the incident to file a lawsuit in New York state court on state law claims such as assault or battery.

3. Federal Statute of Limitations (Civil Rights Claim)

Claims under 42 U.S.C. § 1983 (such as excessive force claims against a police officer) must be filed within three years of the date of the misconduct. This federal timeframe applies whether you file in state or federal court.

4. Warning About Strict Deadlines

New York state courts enforce the Notice of Claim and subsequent filing deadlines strictly. Missing a deadline often results in dismissal of the claim. Recent case law in New York has made it very difficult for plaintiffs to bring forward cases if they did not file a notice of claim.

Stages of a Police Brutality Case

1. Hire a Lawyer and File a Notice of Claim

A civil rights attorney will prepare and file your Notice of Claim within the 90-day deadline.

2. 50-h Hearing

In our experience, if a Notice of Claim is filed, the City will demand a 50-h hearing where you give testimony about the incident. This can be used to evaluate the claim and sometimes leads to an early settlement before litigation.

3. Settlement Negotiations

After the 50-h hearing, your attorney may negotiate with the City’s lawyers to resolve the case without a lawsuit. At Cody Warner, P.C., we have found that cases worth under $50,000 should usually be settled before filing a lawsuit, because lawsuits take many years and the costs of litigation should significantly reduce your payout.

4. Filing a Lawsuit

If no settlement is reached, your attorney will file a complaint in state or federal court. At our firm, our decision whether to file in state or federal court usually depends on the borough where your incident occurred. We like to file cases that occurred in the Bronx or Brooklyn in state court so that we can get Bronx and Brooklyn juries, who are very sympathetic to police misconduct claims. In the other boroughs, the analysis is complex and is considered on a case by case basis.

5. Discovery

After a lawsuit is filed, both sides exchange evidence, which is known as “discovery.” During discovery, your attorney will depose witnesses, review body-cam footage, and build your case. Many cases settle during the discovery phase. After discovery is concluded, the City of New York usually files a motion for summary judgment in effort to get the case dismissed.

6. Trial

If the judge does not dismiss the case after the motion for summary judgment, the case will be adjourned for trial. When a case is scheduled for trial, the City of New York is under serious pressure to make a good settlement offer since trial is imminent. If a settlement is not reached, the case will go to trial. At trial, your lawyer will present your case to a jury and explain how your rights were violated and how you were damaged as a result. The jury will decide if the officers are liable and how much money you are owed.

Common Legal Defenses Raised By the Police

Qualified Immunity

Police officers often assert qualified immunity, which protects them from liability unless they violated a “clearly established” constitutional right. Qualified immunity is a frequent defense in excessive force cases.

Reasonable Force

Police officers often argue that their use of force was reasonable. The context of their use of force is critical, and an experienced civil rights lawyer can assess whether the use of force was legally justified.

Types of Damages You May Recover

Victims can pursue compensation for:

• Medical expenses related to injuries;
• Lost income from missed work;
• Pain and suffering (physical and emotional);
• Permanent disability or disfigurement;
• Wrongful death damages if the victim died due to force.

Some cases also seek punitive damages to punish intentional, egregious misconduct. The value of your case depends on the totality of all your injuries.

Frequently Asked Questions

Can I sue the NYPD for police brutality?

Yes. You can file a federal civil rights lawsuit under 42 U.S.C. § 1983 if an NYPD officer used excessive force in violation of your constitutional rights. To pursue additional state-law claims against the City, you must first serve a Notice of Claim.

How soon must I act?

You have 90 days to file a Notice of Claim for state claims and three years from the incident to file a federal § 1983 lawsuit.

What should be included in a Notice of Claim?

It should list when and where the incident happened, what occurred, the officers involved, and the injuries you suffered. You can file a notice of claim on the NYC Comptroller website. If you retain a lawyer, he will file the notice of claim on your behalf.

Can I sue individual officers?

Yes. You can name both individual officers and the City as defendants in a civil rights claim. At our firm, we typically sue both the City of New York and the individual officers.

How We Can Help

We are experienced handling police brutality cases in New York City, from traumatic brain injury cases to handcuffs that were too tight. We routinely get big checks for our clients who were hurt by the NYPD. We can:

• Ensure all deadlines and notice requirements are met;
• Gather critical evidence such as body camera footage and witness statements; and
• Prepare your case for settlement or trial.

We take police misconduct on a contingency basis. In other words, we only get paid if you win. You won’t pay any out-of-pocket fees.

Contact us for a free consultation to assess whether you have a strong excessive force claim and to learn what compensation you may be entitled to.