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Police misconduct

Flushing, NY |

If someone wants to sue NYPD officer (not undercover officer) for police misconduct and the person has the name and badge number of the officer, after filing notice of claim with the city and filing complaint and summon in court, would a process server have to serve the NYPD officer at the precinct where he works or NYPD officers can only be served process at the NYPD headquarter?

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Attorney answers 4

Posted

Generally it is the precinct where they work. Some units work out of 1 Police Plaza.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

You can serve them wherever you can locate them. However, you personally cannot serve it and your process server should already know how to do this.

Posted

If you are suing an individual -- any individual -- you always have the option of service at their residence, or anywhere the process server can find them -- in court, on the beat, wherever.

Posted

The NYPD is a city agency. Sue the city. Serve New York City Law Department. Name the officer and badge number as a Defendant in the complaint. Depending on the facts, the complaint may allege negligent hiring, assault/battery, negligence, false imprisonment, respondent superior, etc. The city will end up dolling out the money, anyway...

Retain an attorney on contingency agreement.

All responses to legal questions do not establish an attorney-client relationship.

Andrew Frederick Bruskin

Andrew Frederick Bruskin

Posted

P.S., I forgot to add, you do not have much time. You have 90 days for the notice of claim and one year for the complaint, otherwise you will blow the SOL...