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

Asked almost 2 years ago - 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)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . 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.... more
  2. Alfred C. Laub

    Pro

    Contributor Level 10

    Answered . 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... more

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