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Civil Rights False Arrest Claim

New York, NY |

For a civil rights claim for a false arrest, does the Notice of Claim also have to be served on the NYPD in addition to the filing with the City of New York?

Attorney Answers 3

Posted

Is this a federal claim or a state civil rights claim? If you plan on suing the NYPD and/or the City of NY, you are going to need a lawyer, because a §1983 Civil Rights claim in federal court, or a state civil rights claim have very strict guidelines on filing times, manner of service, and so forth.

DO NOT TRY TO SUE THEM ON YOUR OWN.

If you are already being represented in a criminal matter, and want to try to use this as a defense, speak to your defense attorney (or make sure you are appointed counsel), and if you have already had a criminal charge dismissed, then speak to the attorney who helped you get the charges dismissed about a good civil rights attorney.

This does not constitute legal advice or the engagement of my services as an attorney.

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Posted

The notice of claim should be served on both.

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Posted

You do not have to serve a Notice of Claim on the NYPD - you only serve and sue the City of New York.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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