New York Civil Rights Attorney

Those in positions of authority are often people in positions of trust, such as doctors and police officers who are supposed to help and protect the public. However, some of these people use their power to abuse and mistreat those who are in need of their help. For example, doctors who sexually assault their patients, police officers who physically assault members of the public and/or lie under oath, correction officers who abuse inmates, and bosses who harass their employees. Unfortunately, powerful figures who engage in these acts or otherwise discriminate against individuals based on their race, gender, and/or sexual orientation, are often not brought to justice because their victims are afraid to come forward for fear that they will not be believed.

Civil Rights Actions

An individual may bring a lawsuit for violations of their constitutional rights in either State Court or Federal Court. federal claims Under 42 USC Section 1983 may be brought against police officers if they violated your constitutional rights while they were on the job. If a law enforcement official, has deprived you or a loved one of your constitutional rights, then you just may have a Section 1983 lawsuit. Some examples of a Section 1983 lawsuit: police racially profiled you, the police arrested you even though they did not have probable cause to believe that you committed a crime or an offense; cops searched your house without a warrant; police physically harmed you during an arrest; correction officers injured you while you were in jail, correctional officers refused you medication while you were ill in jail, you were strip-searched even though the police lacked cause to believe that you had hidden any contraband on your person, cops tasered you without justification. correction officers who allow you to be beaten by other inmates may also be liable under Section 1983.

State Notice of Claim Requirements

Anyone who wishes to commence a civil lawsuit against local government or most government agencies must first file a document known as a Notice of Claim and must do so within a fixed deadline after the incident that gave rise to the action. there are many other filing requirements and important time restrictions. Failure to timely file may bar you from bringing suit. therefore, it is strongly recommended that you call us for a free consultation as soon as you believe that your rights may have been violated. A New York civil rights lawyer at our firm can access your claim and advise you of your rights.

General Municipal Law requires that a Notice of Claim be served within 90 days after the claim arises (GML §50-e) . The claim will typically arise on the date of the incident or event. for example, if you were physically assaulted by police, a notice of claim must be filed within 90 days from the date of the use of excessive force by the police officer. if police arrested you even though they lacked probable cause to believe that you had committed a crime or offense, then you must file a notice of claim within 90 days from the arrest. For allegations of malicious prosecution, a notice of claim must be filed within 90 days from the date that the case was dismissed, or otherwise favorably disposed. note that you may not sustain a malicious prosecution claim if you accepted an adjournment in contemplation of dismissal, but you may sue for false arrest and other claims. filing of a notice of claim is also required when alleging negligence and other claims arising under state law. a notice of claim is required to bring all state claims, but is not required to bring Section 1983 claims.

At The Law Office of Katherine E. Smith, we believe those who have been victimized. Our New York civil rights attorney is dedicated to holding individuals and institutions who use their power, influence, and trust to injure victims accountable.