Count On Team Finn When You Need The Win

Can you sue the police for using excessive force in New York?

While police officers may need to use force to manage certain situations or ensure public safety, that force must always be proportional to the level of threat or resistance they encounter. If you believe a law enforcement officer used excessive force against you in New York, you have the legal right to sue them. 

Section 1983 of the U.S. Code allows you to sue government officials, including the police, for civil rights violations. Here’s what you need to know.

The process explained

Before you can sue a police officer in New York, you must file a Notice of Claim against the police department responsible for the officer’s actions. This informs them of your intent to take legal action for what happened and preserves your right to sue in the future.

The Notice of Claim should include crucial details of the incident, such as the date, location and a description of the excessive force used. Once you submit it, the police department will review the notice and conduct investigations. This allows them to address the issue and try to resolve it before the matter goes to court.

If they deny your claim or fail to respond within a reasonable period, you can file a lawsuit seeking compensation for the harm you experienced and the violation of your civil rights. You must show that the officer’s use of force was excessive and unreasonable under the circumstances to succeed in your lawsuit. The court will consider several factors to determine this, such as whether you posed an immediate threat or were resisting arrest.

Do not overlook qualified assistance

Suing a police officer for excessive force can be challenging due to the legal complexities and tight deadlines involved in these cases. Seeking informed guidance can help you get through the process more confidently, protect your interests and increase the chances of getting justice.