Unlawfully Arrested

If you have been unlawfully arrested or any of your constitutional rights have been violated while under arrest you are entitled to file a civil suit to recover damages. Pursuant to General Municipal Law §50-e The first step in a civil suit filed against New York State, local government, school districts and/or local law enforcement, for monetary damages must file a notice of claim within 90 days of the alleged misconduct or negligence and at least 30 days must elapse before a lawsuit can be instituted pursuant to.

The purpose behind the notice of claim is to give the agency in which you wish to bring suit against an opportunity to do their own internal investigation into the allegations. The notice of claim must include (1) name and post-office address of each claimant, and of his/her attorney, (2) the nature of the claim; (3) the time, date, and place where the event took place and (4) the items and dollar amount of damages or injuries that are claimed to have been sustained to the extent practicable at that time of filing.