WHAT YOU NEED TO KNOW ABOUT POLICE BRUTALITY & EXCESSIVE FORCE
At Ilganayev Law Firm, PLLC, we represent individuals in New York City who have suffered harm due to unlawful NYPD conduct, including police brutality, excessive force, and other forms of civil rights violations. These cases often begin with a routine stop by law enforcement that escalates into something far more serious—leading to physical injuries and flase imprisonment.
While NYPD officers are legally allowed to use reasonable force when necessary, they are not permitted to use excessive or unjustified force. If you were injured by the police after being restrained or subjected to force without cause, you may have a valid claim for damages.
Determining whether you have a case depends on the specific facts. Not every negative police encounter results in legal liability—but when the force used is unnecessary, disproportionate, or without legal justification, you may have grounds to sue the NYPD for misconduct.
MALICIOUS PROSECUTION: WHEN THE STATE WON’T LET GO
In some cases, the harm doesn’t end with the arrest. If criminal charges are filed without a valid legal basis—and you are later cleared or the case is dismissed—you may be able to pursue a claim for malicious prosecution.
To bring a malicious prosecution claim, you must meet several legal requirements:
- There must have been a criminal proceeding that was terminated in your favor (such as a dismissal or acquittal);
- The proceeding must have been initiated without probable cause;
- It must have been brought with actual malice;
- And you must have suffered a deprivation of liberty (such as having to appear in court or being subject to bail conditions).
These cases can be complex and require a detailed evaluation of the underlying criminal matter and how it was handled by law enforcement.
NOTICE OF CLAIM: THE 90-DAY CLOCK YOU CAN’T IGNORE
Before you can bring a lawsuit against the NYPD or the City of New York, you are required to file a Notice of Claim within 90 days of the arrest. This deadline applies to most state law claims, including those for false arrest, malicious prosecution, and excessive force.
The Notice of Claim gives the City an opportunity to investigate the allegations and decide whether to resolve the matter before litigation. If this deadline is missed, your claim may be barred.
After filing the Notice of Claim, there is usually a 30-day waiting period before a lawsuit can be filed. The lawsuit itself must be filed within one year and 90 days from the date of the incident.
Because these deadlines are strictly enforced, it’s important to consult with an attorney as soon as possible if you believe your rights were violated.
WHAT COMPENSATION LOOKS LIKE
If your case meets the legal requirements, you may be able to seek compensation for:
- Physical injuries
- Emotional distress
- Loss of liberty (such as time spent in custody or on supervision)
- Legal expenses incurred defending against the criminal charges
In some cases, additional damages may be available, depending on the facts. However, compensation is not guaranteed, and these cases are often defended aggressively by the City.
We do not promise a specific result—but we can help evaluate whether your experience may give rise to a legal claim, and guide you through the process if you decide to move forward.
TAKE BACK CONTROL—CALL US NOW FOR A FREE CONSULATION
Not every encounter with police leads to a lawsuit. But when your rights have been clearly violated, the law provides a process for accountability.
If you believe you were wrongfully arrested, subjected to excessive force, or prosecuted without cause, contact the Ilganayev Law Firm, PLLC to discuss your options. Our office is here to help determine whether a claim can be brought—and to make sure your deadlines are met.
Call My Lawyer.
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