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Civil Rights

Police Abuse & Section 1983 Claims

Civil rights claims for police abuse: false arrest, excessive force and malicious prosecution under 42 U.S.C. § 1983 and New York law. Deadlines are short.

Arrested, searched or injured without cause

When officials violate your rights

Usher Law Group represents people harmed by police abuse in Section 1983 civil rights cases. A federal law, 42 U.S.C. § 1983, lets people sue state and local officials who violate their constitutional rights. Common claims include arrest without probable cause, excessive force, unlawful searches and malicious prosecution. New York law provides related claims.

Deadlines are short

  • State law claims against New York City and many other public entities generally require a notice of claim within 90 days.
  • Section 1983 claims in New York generally must be filed within three years.
  • Criminal charges that are still pending can affect the timing and strategy of a civil case.

If you were arrested

Your first priority is the criminal case. See criminal defense. When charges are dismissed, it may also be possible to seal the record. See record sealing.

Frequently asked questions

How long do I have to sue the police in New York?

Federal Section 1983 claims generally must be filed within three years, but state law claims against the City usually require a notice of claim within 90 days. Talk to a lawyer as soon as possible.

Can I sue if my charges were dismissed?

A dismissal does not automatically mean you have a claim, but it can support claims such as false arrest or malicious prosecution depending on the facts.