128 letters is not enough to ask this question need to know if our situation is considered wrongful arrest in Suffolk County NY

Asked over 1 year ago - Port Jefferson, NY

While at a family members house a lady started to act out and was threatening we then asked her to leave.We were upstairs,at that point a family member asked me to call 911,the lady pretended to leave,went downstairs and started smashing property,the family member that asked me to call the police ran down there and was hit in the face with a ceramic item and then lacerated with a broken piece of it,at that point a fight broke out.I had already contacted 911,by the time they arrived the lady who was asked to leave and started the physical altercation appeared to have received the worst of it.My family member was arrested we said they had the wrong person they laughed and said winner goes to jail loser goes to hospital is this a wrongful arrest?90 days have passed with no notice of claim

Attorney answers (3)

  1. Marco Caviglia

    Contributor Level 19


    Lawyers agree

    Answered . You may move in Supreme Court to file late notice so long as it is within one year of the event, but the longer you wait the less likely it will be granted, and you will need good cause. One problem you will have is proving your case, which you will have to prove in criminal court first anyway, namely, that you are the victim, not her. To that end, you may have a difficult time. It is more productive perhaps to concern yourselves with the criminal charge than a potential civil suit against the polcie.

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  2. John M. Cromwell


    Contributor Level 16


    Lawyers agree

    Answered . You may have a claim. Were the underlying criminal charges against your family member dismissed?

  3. Latrice Vinell Campbell

    Contributor Level 12


    Lawyer agrees

    Answered . You may have a claim depending on what happens with the criminal matter. Your friend should focus on his defense of the criminal matter, which could have harsh consequences if he is found guilty.

    Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This... more

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