Can You Sue the Police in New York?

Yes, you can sue the police in New York. Claims can be filed under federal law (42 U.S.C. § 1983), under New York City's own civil rights law (which eliminates qualified immunity for NYPD officers), and under state tort law. But there is a catch. You must file a Notice of Claim with the NYC Comptroller within 90 days of the incident, or you risk losing your case entirely.

The scale of these cases is real. New York City paid more than $206 million to settle police misconduct lawsuits in 2024, according to data compiled by the NYC Comptroller's Office. Every year, people recover for excessive force, false arrest, and other police misconduct in New York. But the path is procedurally unforgiving. Cases that should succeed often fail. Not because the facts are weak, but because a deadline was missed or the wrong legal theory was pursued.

This guide explains the three separate legal tracks for suing the police in New York City. It covers the 90-day notice trap that derails the most cases, what qualified immunity actually means, why NYC is uniquely different on this point, the evidence you need, and what compensation is realistically available. The Orlow Firm has handled civil rights and police misconduct cases in New York for over 40 years. We have seen how often the difference between recovery and dismissal comes down to acting quickly.

Types of Police Misconduct That Give Rise to Lawsuits

Not every unpleasant or unfair police encounter is the basis for a lawsuit. Police misconduct claims rest on specific legal theories. Understanding which category your situation falls into helps clarify what you would need to prove.

• Excessive force. This is the most common basis for a police brutality lawsuit in NYC. Officers may use only the force that is "objectively reasonable under the circumstances." When the force goes beyond what the situation called for, it can be unlawful. Striking someone who is already restrained or firing a weapon at an unarmed person are examples. Excessive force often produces broken bones, head injuries, or permanent harm.
• False arrest or wrongful detention. An arrest must be supported by probable cause. Detaining or arresting someone without a legal basis can give rise to a claim, even if the person is later released without charges.
• Unlawful search and seizure. The Fourth Amendment protects against searches of your person, home, or vehicle without a warrant or a recognized exception. An illegal stop, frisk, or search can support a civil rights claim.
• Failure to provide medical care. Police and jail staff have a duty to provide necessary medical attention to people in custody. Ignoring a serious, obvious medical need can be the basis for a lawsuit. This is especially true when the failure causes the condition to worsen.
• Sexual misconduct by officers. Abusive sexual conduct by an officer is both a crime and a basis for a civil claim. This applies during a stop, an arrest, or while a person is in custody.
• Negligent or reckless operation of a police vehicle. Sometimes an officer drives carelessly during a pursuit or emergency response and injures a bystander or another driver. That can support a negligence claim.
• Wrongful death. When police action or a failure to act causes a death, the family may have a wrongful death claim. One important note: wrongful death cases follow different filing rules and deadlines than the claims described below. Anyone in this situation should speak with a lawyer immediately rather than relying on a general timeline.

These categories often overlap in a single incident. A person who is unlawfully stopped, beaten, and then arrested without cause may have excessive force, unlawful search, and false arrest claims all at once.

The Three Legal Tracks for Suing the Police in NYC

This is the part most online guides get wrong. There is not one way to sue the police in New York City. There are three. Each has its own court, its own deadline, and its own rules about immunity. A strong case often pursues more than one of these tracks at the same time.

Track 1: Federal Civil Rights Claim (42 U.S.C. § 1983)

Section 1983 is the primary federal tool for holding police accountable. It lets you sue any government official, including a police officer, who violates your constitutional rights while acting "under color of law." That means while using the authority of their office.

Common Section 1983 claims include excessive force (under the Fourth and Fourteenth Amendments), false arrest, and unlawful search. You can sue the individual officers, and in some cases the City itself through what is called a Monell claim. A Monell claim against the City is difficult, though. You must prove that an official policy, a widespread custom, or a failure to train officers actually caused the violation.

Two features of the federal track stand out. First, the statute of limitations (the deadline to file your lawsuit) is three years from the date of injury. New York's three-year personal injury limit under CPLR § 214 applies to Section 1983 claims. Second, and this is critical, Section 1983 claims are not subject to the 90-day Notice of Claim requirement. That is a major distinction from state claims and a common source of confusion.

The trade-off is qualified immunity, which still applies to individual officers at the federal level (more on that below). Federal civil rights cases for NYC incidents are filed in the U.S. District Court for the Eastern or Southern District of New York.

Track 2: NYC Admin Code § 8-803, The Local Civil Rights Claim

This is the most important recent development in New York police misconduct law, and most competing content ignores it entirely.

In 2021, New York City became one of the first cities in the United States to effectively eliminate qualified immunity for NYPD officers. NYC Administrative Code § 8-803 created a local cause of action for unreasonable searches and seizures and for the use of excessive force by police. The law expressly states that it is not a defense that an officer "has qualified immunity or any other substantially equivalent immunity."

The practical effect is large. Under this local law, the City of New York can be held jointly liable. That means an injured person can recover from the City, not only from an individual officer who may have limited assets. The statute of limitations is three years, the same as Section 1983. For cases involving suing police for excessive force in New York where qualified immunity might otherwise block recovery, this local track can be the difference between recovery and dismissal. (NYC Admin Code § 8-803 — NYC Local Law 48 of 2021)

One important limit: § 8-803 applies only to NYPD officers, who are employees of the City of New York. It does not cover the New York State Police, county sheriff's deputies, or police departments in other municipalities across the state.

Track 3: State Tort Claims (New York General Municipal Law)

The third track covers traditional personal injury claims brought under state law. These include assault, battery, and negligence, such as a reckless police vehicle striking a pedestrian.

State tort claims carry the strictest procedural rules of the three. You must file a Notice of Claim within 90 days of the incident under General Municipal Law § 50-e. The lawsuit itself must be commenced within one year and 90 days of the incident under General Municipal Law § 50-i. These claims are subject to qualified immunity and are filed in New York state court.

The state track has the shortest deadlines and the steepest immunity hurdles. So it is rarely the only theory a case relies on. Pairing it with a federal or local civil rights claim is often the stronger approach.

The Notice of Claim: The Step That Kills Most Cases

If there is one thing to take away from this article, it is this. The Notice of Claim deadline is the single most common reason otherwise strong cases against the police are lost.

A Notice of Claim is a written legal notice telling the City of New York that you intend to sue. It is not the lawsuit itself. It is a required first step before you can sue the City for state law claims. Under General Municipal Law § 50-e, it must be filed within 90 days of the date of the incident.

The notice is filed with the NYC Comptroller's Office at 1 Centre Street, Room 1225, New York, NY 10007. You can also file online through the Comptroller's claims portal. It must include the name and address of each person making the claim, the nature of the claim, the time, place, and manner in which the claim arose, and the injuries or damages claimed. (NYC Comptroller, Notice of Claim filing)

After filing, the City has an opportunity to investigate and potentially settle. You generally must wait at least 30 days before starting your lawsuit. The City may also demand a hearing, called a 50-h hearing, where you testify under oath about what happened.

Missing the 90-day window is often fatal to state law claims. Courts rarely grant extensions, and they do so only in narrow circumstances, such as the claimant being a minor or having a disability. Two clarifications matter here:

• The 90-day Notice of Claim requirement applies to state law claims against the City. It does not apply to federal Section 1983 claims.
• Even when a federal claim remains available, you may be giving up valuable state and local claims by waiting. The safe course is to treat the 90-day clock as the controlling deadline and contact a lawyer as soon as possible.

This is why timing is everything in police misconduct cases. The most common regret we hear is from people who waited a few months to "see what happens" with a criminal case or a CCRB complaint. They then discovered the notice window had already closed.

Qualified Immunity in New York: What It Means and Why NYC Is Different

Many people have heard the term "qualified immunity" and assume it makes suing the police impossible. The reality is more complicated. In New York City the picture is unusually favorable to injured people.

Qualified immunity is a judge-made doctrine that protects government officials, including police officers, from personal liability for constitutional violations. The exception is when they violated a "clearly established" right that a reasonable officer would have known. In practice, a case can be dismissed even when an officer did something wrong, if no prior court had ruled that the specific conduct was unlawful.

A few points clarify how it works:

• Qualified immunity protects individual officers, not the City itself. Monell claims against the City for an official policy or failure to train are not blocked by qualified immunity.
• The doctrine has drawn widespread criticism, and reform legislation has been proposed at the federal level. For now, it remains in force for federal Section 1983 claims.

Here is where New York City stands apart. Through the 2021 local law, NYC eliminated qualified immunity as a defense for NYPD officers sued under NYC Administrative Code § 8-803. If your case is brought under the local civil rights law, an officer cannot use qualified immunity to escape liability. This makes New York City one of the most protective jurisdictions in the country for police misconduct claims.

The important caveat: this only applies to local § 8-803 claims. If you are suing under federal Section 1983, qualified immunity may still apply to the individual officers. A well-built case frequently pursues both the federal and local tracks. That way, even if qualified immunity blocks part of the federal claim, the local claim can still proceed.

Evidence You Need to Build a Strong Case

Police misconduct cases are won and lost on evidence. The City has a full legal department defending these claims, and credible documentation is what moves a case forward. Much of the most valuable evidence is time-sensitive, so acting quickly matters.

• Body camera footage. Nearly all NYPD patrol officers wear body cameras. Footage can be requested under New York's Freedom of Information Law (FOIL). The NYPD has a documented history of slow responses, and FOIL requests can take months. So it is important to request footage early and follow up persistently.
• Medical records. Go to the emergency room even for injuries that seem minor. Some serious injuries are not obvious right away. Detailed medical records and bills establish both the cause and the extent of your injuries.
• Photographs and video. Take photos of your injuries immediately and continue documenting as they heal. Preserve any bystander cellphone video of the incident.
• Witness information. Get the names and contact information of anyone who saw what happened. Independent witnesses can corroborate your account.
• Official records. Police reports, arrest paperwork, and any complaint records help establish what occurred. Sometimes they contradict the official narrative.
• Your own written account. As soon as you safely can, write down everything you remember. That includes officers' names and badge numbers, vehicle numbers, the exact time, date, and location, and a step-by-step description of events. Memory fades quickly, and a contemporaneous account is powerful.
• A CCRB complaint. The Civilian Complaint Review Board is an independent agency that investigates allegations of NYPD misconduct. Filing a complaint, online at nyc.gov/ccrb or by calling 311, creates an official, independent record and can produce evidence useful in your civil case. (NYC Civilian Complaint Review Board)

A lawyer can help you obtain records that are difficult to get on your own. A lawyer can also preserve footage before it is overwritten and identify which evidence will matter most for your specific claims.

What Compensation Can You Recover?

When a police misconduct claim succeeds, the available compensation is similar to other serious injury cases, with one notable addition for federal claims.

Recoverable damages (compensation for your losses) generally include:

• Medical expenses, both past and future.
• Lost wages and lost earning capacity if your injuries kept you from working or limited your ability to work going forward.
• Pain and suffering, covering both physical pain and emotional harm.
• Emotional distress and psychological injury, including conditions such as PTSD that frequently follow violent encounters.
• Punitive damages, which are rare and require showing especially egregious or malicious conduct.

There is one feature unique to federal claims. Under 42 U.S.C. § 1988, a plaintiff who prevails on a Section 1983 claim may be able to recover attorney's fees from the defendant. This is a meaningful incentive for attorneys to take on strong civil rights cases.

The scale of recovery in New York is large. The City paid more than $206 million in police misconduct settlements in 2024, according to the NYC Comptroller's Office, and continued paying out at a high rate the following year. These are not abstract numbers. They reflect real cases by real people who were harmed.

To make this concrete, here are examples of results The Orlow Firm has obtained in police and custody misconduct cases:

• $1,250,000 in a wrongful death case where a diabetic man died after being denied insulin while in custody for 40 hours. This shows a failure-to-provide-medical-care claim with the most serious possible outcome.
• $475,000 for a woman in psychiatric crisis who was shot in the face with a bean bag round and lost an eye. This was an excessive force claim involving permanent injury.
• $275,000 for a parking attendant who was assaulted and falsely arrested, requiring shoulder surgery. This was a combined assault and false arrest claim.

Prior results do not guarantee a similar outcome.

These examples show how the categories described earlier translate into real recovery. Every case turns on its own facts. But they demonstrate that meaningful outcomes are possible even against the City.

How Suing the Police in New York Differs from a Typical Personal Injury Case

If your only frame of reference is a car accident claim, suing the police in New York will look unfamiliar. The differences are not minor. They change the strategy and the timeline.

• A much shorter notice deadline. A car accident claim has no Notice of Claim requirement. State claims against the City require a Notice of Claim within 90 days, a deadline that simply does not exist in ordinary injury cases.
• A shorter overall window for state claims. State law claims against the City must be filed within one year and 90 days. A standard personal injury lawsuit gives you three years.
• Qualified immunity. There is no equivalent doctrine in a typical car accident case. It exists only when you sue government officials. As discussed, NYC's local law removes it for § 8-803 claims.
• A determined institutional opponent. The City's law department defends every claim. Settlements are harder to reach without strong, credible evidence.
• A federal court option. Section 1983 lets you sue in federal court, an avenue that does not exist in an ordinary state-law injury case.

The takeaway is not that these cases are hopeless. The hundreds of millions of dollars the City pays out each year prove otherwise. The takeaway is that the rules are different and the deadlines are shorter. The cost of waiting is far higher than in a routine injury claim.

Frequently Asked Questions

How long do I have to sue the police in New York?

It depends on the type of claim. State tort claims require a Notice of Claim filed within 90 days of the incident, and the lawsuit must be started within one year and 90 days. Federal Section 1983 claims and NYC Administrative Code § 8-803 claims both carry a three-year deadline. Wrongful death cases follow different rules — anyone in that situation should consult a lawyer immediately.

What is a Notice of Claim and do I have to file one?

A Notice of Claim is a written notice to the City of New York that you intend to sue. It is required for state law claims and must be filed with the NYC Comptroller within 90 days of the incident. It is not required for federal Section 1983 claims. Missing this deadline typically bars your state law claims entirely.

Does qualified immunity prevent me from suing the NYPD?

Not in the way many people think. For federal Section 1983 claims, qualified immunity may protect individual officers, though it does not protect the City on a Monell claim. For claims under NYC Administrative Code § 8-803, qualified immunity has been expressly eliminated as a defense — a protection unique to New York City. A case under the local law is not blocked by qualified immunity at all.

Can I sue the City of New York or only the individual officer?

In many cases, both. Under Section 1983, holding the City liable through a Monell claim requires proving an official policy, custom, or failure to train. Under NYC Administrative Code § 8-803, the City is jointly liable without proving a pattern. That often makes the City a more reliable source of recovery than an individual officer.

Can I sue the police if I was never arrested?

Yes. An arrest is not required. Excessive force, unlawful stops and frisks, illegal searches, and other constitutional violations can support a claim even if you were never taken into custody or charged with anything. This includes encounters where an officer used excessive force during a stop, a frisk, or any other contact.

Can I sue the police if I was also charged with a crime?

Yes. Your civil rights claims are separate from any criminal case against you. A criminal charge, or even a conviction, does not automatically bar a civil claim for excessive force or other misconduct. The two proceedings are governed by different standards and decided in different courts.

What is the CCRB and should I file a complaint?

The Civilian Complaint Review Board is an independent agency that investigates allegations of NYPD misconduct. Filing a complaint, online at nyc.gov/ccrb or by calling 311, creates an official, independent record and can generate evidence that supports your civil case. Filing a CCRB complaint does not replace a lawsuit or satisfy the Notice of Claim requirement. It is a separate, parallel step.

How much does it cost to hire a lawyer for a police misconduct case?

Most police misconduct attorneys, including The Orlow Firm, work on a contingency fee basis, meaning there is no fee unless you recover. In addition, under federal law a prevailing plaintiff in a Section 1983 case may be able to recover attorney's fees directly from the City, further reducing the financial risk of pursuing a strong claim.

This article provides general information and is not legal advice. Every case is different, and police misconduct claims involve strict deadlines that can vary based on the specific facts. Contact a qualified attorney to discuss your situation.

Sources & Official Resources

New York Laws Cited

1. CPLR § 214 — Three-Year Statute of Limitations (Personal Injury)
2. General Municipal Law § 50-e — Notice of Claim, 90-Day Requirement
3. General Municipal Law § 50-i — Time to Commence Action (1 Year and 90 Days)
4. 42 U.S.C. § 1988 — Attorney's Fees for Prevailing Party in Civil Rights Actions

NYC Laws Cited 5. NYC Administrative Code § 8-803 — Civil Action for Deprivation of Rights (Local Law 48 of 2021)

Statistics Sources 6. NYC Comptroller — Annual Claims Report (Police Misconduct Settlements)

Helpful Resources 7. NYC Comptroller — Notice of Claim Filing Information 8. NYC Civilian Complaint Review Board — File a Complaint

Contact The Orlow Firm

If you or a family member was injured by the police in New York City, the most important step is also the most time-sensitive. The 90-day Notice of Claim deadline can bar otherwise strong cases before they ever begin. Understanding which of the three legal tracks fits your situation, and protecting every deadline, is something a lawyer can help with right away.

The Orlow Firm has handled civil rights and police misconduct cases throughout Queens and New York City for over 40 years. Our recoveries in police and custody cases reach $1,250,000.

Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win.

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