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How long to get an offer from the city when suing for excessive force being used and never being charged with restining arrest,

New York, NY |

My home was entered by the nypd in may, the never produced a warrant, they was drilling my door, and when they came in, my husband was on the floor already, the officer came in and hit my husband with the gun, than beat him up in the unmark van, what cause two fracture ribs and a eye hermage and a neck inury, but he was never charged with restining arrest. they had found 25 grams of pot, locked away in a safe with a key. i already had a city hearing what is the next thing that is suppose to happen?

Attorney Answers 2

Posted

Do you have a lawyer? If YES, the lawyer can negotiate with the City at any time. If NO, I suspect the City will ignore you in hopes you fail to timely file a lawsuit.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Asker

Posted

Yes I have attorney, and I went to city hearing

Posted

It would help to know whether any criminal charges were filed against you and/or your husband. and whether the hearing you spoke of was in a criminal or civil proceeding From what you said, I know what he "wasn't" charged with but, nothing else was said by you about pending criminal proceedings..

As far as the excessive force claim is concerned, that needs to be pursued in a civil lawsuit and their are STRICT and very limited time constraints. The limitations period for intentional acts, such as excessive force, runs from the day your husband was victimized. You and your husband should consult with an attorney experieinced in police civil liability claims immediately

The underlying facts for each situation are unique. Any responses given are for informational purposes only and are not designed or intended as professional legal advice, since any suggestions may not apply to your specific circumstance. This information exchange does not create an attorney-client relationship of any kind. Should you determine that you need immediate legal assistance or action , you should contact your local Bar Association for a referral to an attorney in your area.

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3 comments

Asker

Posted

Yes we were charged with possession, and the hearing was 50h-hearing,

Asker

Posted

Yes we were charged with possession, and the hearing was 50h-hearing,

Alfred C. Laub

Alfred C. Laub

Posted

I am unsure whether you are represented by legal counsel on either or both the criminal and civil claims. If not, you can give our office a call. If it has not been done already, a civil complaint must be prepared, filed and then served. Time periods are CRITICAL.

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