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???

Asked in Troy, NY - 7 months

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???

Attorney Answers (2)

Jay K Goldberg

New York Civil Rights Attorney

Licensed in NY

0

1

Answered 7 months ago. 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.

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Stacy E Scheff

Civil Rights Attorney

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Answered 7 months ago. 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.