When Police Cross the Line, You Have the Right to Fight Back
You were hurt by someone who was supposed to protect you. Now you're wondering if anyone will take your side — or if the system will close ranks and leave you with nothing. We take these cases because we believe what happened to you matters, and because we know how to build the kind of evidence record that holds law enforcement accountable.
Before anything else: if your incident involved a municipal police department, county sheriff, or other government agency, you have 90 days from the date of the incident to file a Notice of Claim. Missing that deadline can permanently bar your case — even if the misconduct was severe and well-documented. Contact us immediately.
What Counts as Police Brutality Under New York Law
Police officers are permitted to use force — but only the amount that is objectively reasonable given the circumstances. When force exceeds that threshold, it becomes a constitutional violation. The following types of misconduct give rise to civil rights claims in New York:
- Excessive force during an arrest or detention
- Unlawful search and seizure without probable cause or a valid warrant
- False arrest and wrongful imprisonment
- Malicious prosecution — charges filed without basis to punish or pressure
- Evidence fabrication that leads to a wrongful conviction or incarceration
- Wrongful incarceration resulting from official misconduct
These claims can be brought under Section 1983 of the Civil Rights Act, which allows individuals to sue government officials — including police officers — for violations of their constitutional rights. A successful claim can recover compensation for physical injuries, emotional harm, lost income, and in some cases, punitive damages designed to punish the officer's conduct.
The 90-Day Notice of Claim Deadline Is Not Optional
If your claim is against a municipal entity — Albany PD, Schenectady PD, a county sheriff's office, campus police, or any other government body — New York law requires you to file a Notice of Claim within 90 days of the incident. This is a procedural prerequisite, not a suggestion. Courts have dismissed otherwise strong cases because this step was missed.
The Capital District involves multiple overlapping law enforcement jurisdictions: Albany Police Department, New York State Police, Albany County Sheriff, Rensselaer County Sheriff, Schenectady County Sheriff, and various campus and transit police agencies. Each has its own accountability procedures and complaint processes. Knowing which agency was involved — and which rules govern your claim — matters from the moment you decide to pursue a case.
Do not wait to see how the criminal side plays out. The clock on your civil rights claim runs from the date of the incident, not the date of any verdict.
The Body Cam Doesn't Lie — and Neither Does Your Medical Record
Police brutality cases are decided on evidence. The question courts apply is whether the force used was objectively reasonable under the circumstances — and that determination comes down to what the record actually shows.
We move immediately to preserve the evidence that tells your story:
- Body camera and dashcam footage before it is overwritten or withheld
- Medical records documenting the nature and severity of your injuries
- Witness statements gathered while the details are still clear
- Internal affairs complaint records and prior misconduct history
- Police reports — and the gaps or inconsistencies within them
The narrative police put in their report is not the final word. The evidence is.
Charged With a Crime From the Same Incident? You Can Still Sue.
One of the most common reasons people don't pursue police brutality claims is a belief that their criminal charge cancels out their civil rights case. It doesn't.
A Section 1983 civil rights claim is legally independent of any criminal charge arising from the same incident. The two proceedings run on separate tracks, under different legal standards, in different courts. Being arrested — even being charged — does not mean your rights weren't violated in the process.
What makes this firm different is that Ryan Finn handles both simultaneously. His criminal defense experience and his civil rights practice inform each other directly. The strategy in the criminal case accounts for the civil claim. The evidence developed in the civil case supports the defense. That coordination is something most attorneys cannot offer, because most attorneys practice in one area or the other.
Why Finn Law Takes These Cases
Civil rights claims against law enforcement are difficult. Government agencies have institutional resources, experienced defense counsel, and a structural advantage over individuals navigating the legal system alone. Most firms avoid these cases for exactly that reason.
This firm was built for exactly that reason.
We represent individuals — not institutions. Our practice exists to put serious legal firepower on the side of people who have been harmed by those with power over them. That's the through-line connecting our personal injury work, our criminal defense practice, and our civil rights cases. The power imbalance isn't a reason to walk away. It's the whole point.
Ryan Finn has been recognized by Best Lawyers in America and Super Lawyers. He handles every case personally — not delegated to associates or passed down the chain. When you work with this firm, you work with him.
What Our Clients Have Recovered
Frequently Asked Questions About Police Brutality Claims in New York
How do I sue a police officer for excessive force in New York?
You file a civil rights lawsuit under 42 U.S.C. § 1983, which allows individuals to sue government officials for constitutional violations. If the officer works for a municipal agency, you must first file a Notice of Claim within 90 days of the incident. An attorney will then investigate the facts, preserve evidence, identify all liable parties — which may include the officer individually and the municipality — and file suit in state or federal court.What is the 90-day Notice of Claim deadline and why does it matter?
New York law requires anyone bringing a claim against a municipal or government entity to file a formal Notice of Claim within 90 days of the incident. This notice informs the government of your intent to sue and preserves your right to proceed. Missing this deadline will typically result in dismissal of your case regardless of how strong the underlying claim is. Contact an attorney immediately after the incident — do not wait.Can I sue the police if I was also arrested or charged with a crime?
Yes. A civil rights claim under Section 1983 is legally separate from any criminal charge arising from the same incident. The criminal case and the civil case proceed independently, under different legal standards. An arrest or charge does not extinguish your right to pursue a civil rights claim for misconduct that occurred during or around that incident.What damages can I recover in a police brutality case?
Recoverable damages can include compensation for physical injuries and medical expenses, emotional distress, lost wages, and damage to your reputation or liberty. In cases involving particularly egregious conduct, courts may also award punitive damages against the individual officer. Attorney fees are recoverable in successful Section 1983 cases under federal law.What if there's no body camera footage?
The absence of footage is itself worth examining. We investigate whether footage exists and was withheld, whether equipment was functioning and activated as required, and whether department policy was followed. In many cases, the failure to preserve or produce footage creates an evidentiary inference that works in your favor. We also build the record from medical documentation, witness accounts, and any other available evidence. How long do I have to file a police brutality lawsuit in New York? The statute of limitations for a Section 1983 claim in New York is generally three years from the date of the violation. However, if your claim involves a municipal entity, the 90-day Notice of Claim requirement applies first and is far more urgent. Do not treat the three-year window as your actual deadline — act within 90 days.
Your Rights Were Violated. Let's Talk About What Comes Next.
We offer free consultations for police brutality and civil rights cases. Ryan Finn personally reviews every inquiry and responds when the case is a fit. If you or someone you know was subjected to excessive force, false arrest, or other police misconduct in Albany, Schenectady, Troy, Saratoga Springs, or anywhere in upstate New York, reach out now. The clock may already be running.