Civil Rights Counsel That Holds Power Accountable

42 U.S.C. § 1983 is the federal statute that lets you sue a government official — a police officer, corrections officer, or other state or local actor — who, acting under "color of law," deprives you of a right guaranteed by the U.S. Constitution or federal law. The most common § 1983 claims in New York are Fourth Amendment claims for excessive force, false arrest, and unlawful search and seizure, along with Fourteenth Amendment due-process and equal-protection claims. A prevailing plaintiff can recover damages and, under 42 U.S.C. § 1988, attorney's fees.

Excessive force is judged under the Fourth Amendment's "objective reasonableness" standard set out in Graham v. Connor. The question is whether the force used was reasonable from the perspective of a reasonable officer on the scene — considering the severity of the suspected offense, whether the person posed an immediate threat to safety, and whether they were actively resisting or attempting to flee. Force that is disproportionate to those circumstances can be unconstitutional. We build these cases on body-camera and surveillance footage, medical evidence, witness accounts, and the officer's disciplinary history.

False arrest concerns being detained without probable cause — the wrongful confinement itself. Its elements are that the defendant intended to confine you, you were aware of and did not consent to the confinement, and the confinement was not legally privileged. Malicious prosecution concerns the wrongful pursuit of a criminal case against you. It requires that a criminal proceeding was commenced, that it ended in your favor (a dismissal, acquittal, or declined prosecution), that there was no probable cause, and that the defendant acted with actual malice. The two claims often travel together but address different wrongs.

Yes, but the procedure is strict. A Notice of Claim must be served on the City within ninety days of the incident under General Municipal Law § 50-e, and a state-law lawsuit must be commenced within one year and ninety days under § 50-i. A 50-h hearing — a transcribed pre-suit examination — is usually required. Federal § 1983 claims have a longer three-year window borrowed from New York's personal-injury statute, but because state-law claims often accompany the federal claim, the ninety-day notice deadline should be treated as the controlling clock. There are state and federal protections against retaliation for filing.

Under Monell v. Department of Social Services, a municipality cannot be held liable under § 1983 simply because one of its employees violated your rights — there is no respondeat superior. To reach the city itself (and its deeper pockets), you must show that the violation resulted from an official policy, a widespread custom or practice, or a failure to train or supervise that amounts to deliberate indifference. Proving Monell liability requires documentary evidence — patterns of prior complaints, training and disciplinary records, and policy manuals obtained in discovery — which is why thorough investigation is essential.

It may not be — please do not assume your claim is time-barred without a confidential review. New York has greatly expanded survivors' access to the courts. Under the Child Victims Act, a person abused as a minor can bring a civil suit until age fifty-five. The Adult Survivors Act created a one-year revival window, from November 2022 to November 2023, during which adult survivors could sue over past sexual offenses regardless of how old the conduct was; that window has now closed, but other paths may remain depending on your circumstances, the defendants involved, and when you discovered the harm. This is your story and you control it. We will review your situation with care and complete confidentiality.

Often, yes. Beyond the individual who committed the abuse, the institutions whose negligence enabled it can be liable — a school or organization that ignored warning signs, an employer that failed to act on complaints, or a property owner (a hotel, bar, apartment complex, or office) whose inadequate security allowed an assault to occur on its premises. These institutional claims are frequently where meaningful accountability and compensation are found, because the institution had the duty and the resources to prevent the harm.

Document everything — the who, what, where, and when of each incident — because that record will matter if you decide to report. Review your employee handbook so you understand your company's reporting policy and follow it. New York law is strongly protective: under the State Human Rights Law, harassment need not be "severe or pervasive" to be actionable; it is enough that it rises above a petty slight or trivial inconvenience, and the law reaches employers of every size. Retaliation for reporting harassment is itself unlawful. Speaking with an attorney early helps you understand your rights and protect your deadlines.

Generally, the patient-doctor privilege continues to protect your records. It can be affected only if a court orders disclosure — for example, by subpoena — and even then New York law limits what must be produced. A doctor who is subpoenaed must verify the subpoena's authenticity, and any testimony or records are generally limited to matters pertaining to the case itself; a provider cannot be forced to disclose your entire unrelated medical history. We work to protect your privacy throughout the litigation.

Most civil rights and survivor cases are handled on a contingency-fee basis — you pay no attorney's fee unless and until there is a recovery, and the firm advances the costs of building the case. In addition, § 1983 cases carry a statutory fee-shifting provision: under 42 U.S.C. § 1988, a prevailing civil rights plaintiff can recover reasonable attorney's fees from the defendant, which is a deliberate feature of the law designed to make rights enforceable regardless of a person's means. The engagement letter spells out the fee structure and cost arrangements in detail.

It varies widely. A clear case may resolve through pre-suit negotiation in months, while a contested § 1983 case against a municipality — with qualified-immunity motion practice and Monell discovery — can take a few years through trial. Survivor and institutional-negligence cases depend on the number of defendants and the volume of records. We move efficiently, protect every deadline, and keep you informed at each stage so you always know where your case stands.

Usually not. Most civil rights and survivor cases resolve through settlement — often confidentially, which can spare a survivor the burden of testifying publicly. The cases that go to trial are typically those with a fundamental dispute over liability or a gap in valuation that neither side will close. We prepare every case as if it will be tried, because that preparation is exactly what produces fair settlements; when a case must be tried, we are ready to try it.