How long do i have to file a civil suit against the police officers

Asked about 2 years ago - Brooklyn, NY

i was assaulted by police officers and sustained a head injury but i am currently going back and forth to court because they are trying to say i assaulted the police officer

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree


    Answered . I handle these type of cases. You need to serve a Notice of Claim on the City within 90 days of the incident . Be sure to name the cops if you know their names. Then you have 1 year and 90 days to start a lawsuit under State law claims and 3 years under federal claims. I suggest you retain an attorney ASAP. I suggest you consult with a civil attorney before you resolve your criminal case as the outcome could effect a civil case.

    I am a former federal and State prosecutor and now handle personal injury and civil rights cases.

    Eric Rothstein
    11 Park Place, Suite 1801
    New York, New York 10007
    Phone: 212-385-8015
    Web site:
    Free consultations by phone or in person

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Paul Valentine Prestia

    Contributor Level 4

    Answered . This happens more often then you think. Police use excessive force on someone, then justify it by charging that person with resisting arrest or assault- as in your case.
    You have 90 days from the date of the incident to file notice of claim against the city of new York for false arrest and assault. You can also file within 90 days of your case being adjudicated for malicious prosecution. Of course, your claims will be stronger if you can get your criminal case dismissed. You should consult with an attorney preferably one who can handle both your criminal and civil matters since they are somewhat intertwined.

  3. Christian K. Lassen II


    Contributor Level 20


    Lawyer agrees

    Answered . You would want to retain a civil rights lawyer in your state ASAP to put them on notice of the claim. You may search Avvo's "find a lawyer" for a civil rights attorney, and then simply call for representation. Good luck to you.

    The answer does not create an attorney/client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755

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