Skip to main content

How can police in NY get away with a crooked 90 day filing limit on lawsuits yet others have up to 1-3 year limitations???

Troy, NY |

I am not from NY State but resided there with my wife lawfully in a house temporarily with other family members.
I am a disabled veteran, have no criminal record and committed no crime, yet out of jurisdiction Upstate NY Police detectives without any warrant, without probable cause and without threat of imminent danger stormed into the house beat me up and arrested me.
The police used a cabled hog tie on me even though I wasn't combative and didn't resist and dragged me out of the house into some sort of armored wannabe police rv and put me in jail for approximately a month before being released.
And of course I definitely have a civil case on several grounds however I am told it is past the NY 90 minute I mean 90 day complaint statute of limitations, that is nonsense!
So that's it???

No civil rights attorneys seem interested in this case even though it has civil rights violations written all over it. Not sure why some call themselves civil rights attorneys if they don't take civil rights cases when they are this apparent. I have absolutely no idea why attorney's take cases like the 'mcdonald's coffee' and the 'no ketchup on fries' and other silly frivolous nonsense rather than real lawsuit cases. This is an obvious violation of civil rights that has plenty of potential and is completely winnable. If courts and attorneys refuse to see this then the Constitution and the Bill of Rights are no more and this country is just like the rest and everything else is in vain. Which would then prove that this is just another jack booted thug police state with the 1% controlling the 99% and justice doesn't exist.

Attorney Answers 2

  1. States have the right to waive sovereign immunity (the presumption that you can't sue the state civilly), however, each state can set it's own terms under which they can be sued. In Arizona, the Notice of Claim deadline is 180 days after the plaintiff knew of the injury. I don't know New York law, but a quick search says that the deadline is 90 days. There are some reasons why that deadline may be extended, but if an experienced attorney told you that none apply to your case, then filing a lawsuit would be a waste of time and money since it would likely be dismissed for deficient notice.

  2. There are ways around the 90 day notice requirement. The easiest is filing a lawsuit under federal law, speicifically, 42 USC Section 1983. This can be done without prior notice. You should contact other attorneys in the upstate area who handle such cases. Good luck.

Police misconduct topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics