If you've experienced police misconduct, like excessive force or false arrest, and you want to sue the government agency or municipality responsible for the officers' actions, there's a crucial step you need to take.
You must file a special legal document called a "Notice of Claim" within 90 days from the date of the incident. This notice tells the government agency or municipality that you plan to take legal action against them for what happened.
By filing the Notice of Claim on time, you protect your right to sue later on. If you miss this deadline, you might lose the chance to bring a lawsuit for the misconduct.
In the Notice of Claim, you need to include important details, such as the date and location of the incident, the officers' names, a description of what happened, and the injuries or damages you suffered. The more specific and detailed you are, the better.
Once you submit the Notice of Claim, the government agency or municipality will review it and might conduct an investigation. This gives them a chance to address the issue and try to resolve the matter before a lawsuit is filed.
If they deny your claim or don't respond within a certain time, you can proceed with filing a lawsuit to seek compensation for the harm you experienced and the violation of your civil rights.
You can file a Notice of Claim with the New York City Comptroller’s Office.
Last Reviewed: July 24, 2023