Filing Civil Rights Lawsuits After Wrongful Arrests in NYC

Filing Civil Rights Lawsuits After Wrongful Arrests in NYC

Getting wrongly arrested can be a traumatic experience that makes you feel violated and disrespected. It can also cause long-lasting problems like emotional distress, missed work and wages, and damage to your reputation.

If you were wrongly arrested in New York City, you may be able to fight back by filing a civil rights lawsuit. This article explains how civil rights lawsuits work after wrongful arrests, your options for legal action, and tips for building a strong case.

Overview of Civil Rights Lawsuits

Civil rights laws protect people from discrimination and violations of their constitutional rights by government officials. Some common examples include:

• False arrest – when police detain you without proper legal justification
• Excessive force – when police use more force than necessary during an arrest
• Malicious prosecution – when police wrongly charge you with a crime knowing there’s no real evidence

If police violate your civil liberties like this, you can sue them for monetary damages. The two main laws used are:

1. Section 1983 – allows you to sue state/local officials for constitutional rights violations
2. Title VI, Title IX – allow you to sue for discrimination based on race, sex, etc.

These lawsuits are filed in federal court against the individual officers responsible as well as their police department and city. They are complicated cases though, so having an experienced civil rights lawyer is highly recommended.

Pros & Cons of Filing Suit

Deciding whether or not to file a civil rights lawsuit after a wrongful arrest comes down to weighing the potential benefits and drawbacks:

Potential Benefits

• Monetary damages for injuries like medical bills, lost wages, emotional distress
• Feeling empowered and forcing accountability for misconduct
• Sparking departmental changes to prevent future violations
• Clearing your criminal record from wrongful charges

Potential Drawbacks

• Lawsuits are very time-consuming and you relive the trauma
• Strong chance of dismissal if lawyers not prepared
• Low success rate against police departments
• Costly to litigate, most lawyers work on contingency

There are no guarantees when suing the police after a wrongful arrest. But many people feel pursuing a case is important to stand up for their rights. Speak to a civil rights lawyer to understand your options.

Building a Strong Civil Rights Case

Successfully winning compensation in a civil rights lawsuit comes down to having a strong case. Here are 5 important elements to help prove your claim:

1. Clear constitutional violation – like false arrest, excessive force, discrimination, etc.
2. Identify specific officers – name those directly responsible for the violations
3. Proof of injuries/damages – documents all mental, physical, and financial harms done
4. Evidence from the incident – photos, videos, medical records, witness statements
5. Official records – documents like police reports, booking info, criminal charges

By gathering as much credible evidence as possible, you stand the best chance of proving to a judge/jury that your civil liberties were clearly violated. Discuss your case specifics with a civil rights lawyer to determine if you have enough to move forward.

NYC Civil Rights Attorneys Can Advise You

Civil rights cases against police departments seek to shine a light on injustices in the system. With so much at stake, having an experienced NYC civil rights lawyer on your side is critical.

They can analyze the details of your wrongful arrest, advise if you have a strong case, and then handle all aspects of the litigation. This includes drafting the complaint naming specific constitutional amendments that were violated, retaining expert witnesses, arguing in pretrial motions to have the case moved forward, and questioning witnesses in front of a judge or jury.

Reputable NYC civil rights attorneys work on a contingency fee basis, meaning legal fees come out of any settlement or court award you receive. And many specialize specifically in civil rights lawsuits against police and municipalities.

Don’t let an unjust arrest go unchallenged. Consult with a civil rights lawyer in NYC to discuss your experience and options for legal action. The system needs accountability, and your case could help prevent future violations while earning you compensation.

References

Here are the references used as anchor text links in this article:

• Common Claims in Civil Rights Litigation
• New York City Civil Court: How to File a Civil Rights Harassment Case