Excessive Force by NYPD? Know Your Rights, Act Now
If you believe an NYPD officer used excessive force, you have options. Learn what excessive force means, what to do right away, how to preserve evidence, and the main legal paths for accountability in New York.
What Counts as Excessive Force?
Excessive force is force by police that is unreasonable under the circumstances. Courts evaluate claims under an objective reasonableness standard that considers the severity of the suspected offense, whether there was an immediate threat, and whether the person was resisting or attempting to flee. See Graham v. Connor, 490 U.S. 386 (1989).
Separate from federal constitutional claims, New York law recognizes state-law torts such as assault and battery arising from police conduct, subject to procedural rules (including notice requirements). See, for example, N.Y. Gen. Mun. Law § 50-e.
Immediate Steps to Protect Your Rights
- Get medical care as soon as possible. Tell providers how you were injured so records reflect the incident.
- Take photographs and video of injuries, damaged clothing, the scene, and any property damage.
- Save names, phone numbers, and emails of witnesses; secure any bystander video.
- Write down everything you remember: date, time, location, badge numbers, vehicle numbers, precinct, and statements made by officers.
- Preserve digital evidence: back up phone data and do not alter metadata.
- Avoid posting details on social media; public posts can be used against you.
- Speak with an attorney promptly to assess claims and filing requirements.
Common Legal Avenues
- Federal civil rights claim (42 U.S.C. § 1983): You may sue for violations of constitutional rights by persons acting under color of state law. See 42 U.S.C. § 1983. Note that municipalities are not liable under § 1983 on a vicarious/respondeat superior theory; liability requires a policy or custom. See Monell v. Dep’t of Social Services, 436 U.S. 658 (1978).
- State-law tort claims: Assault and battery and related torts may be asserted against the City and, in some cases, individual officers, but strict notice and timing rules apply. For example, a Notice of Claim is generally required within 90 days. See N.Y. Gen. Mun. Law § 50-e.
- Administrative and criminal complaints: You can file an administrative complaint with the NYC Civilian Complaint Review Board (CCRB) for certain misconduct, including excessive force, and report potential crimes to prosecutorial authorities. See CCRB.
Filing Complaints with Oversight Agencies
The NYC Civilian Complaint Review Board investigates certain types of police misconduct—force, abuse of authority, discourtesy, and offensive language. You can submit a complaint online, by phone, or in person. The CCRB process is separate from any lawsuit and can run in parallel. See CCRB: File a Complaint.
Deadlines and Notice Requirements
Different processes have different timelines. Lawsuits against municipalities often require early notice to the City before filing suit, and missing these steps can affect your rights. For example, New York generally requires service of a Notice of Claim within 90 days for state-law tort claims against municipalities. See N.Y. Gen. Mun. Law § 50-e. Administrative bodies like the CCRB also have filing windows. Because deadlines can change and depend on the facts, consult an attorney promptly.
What Compensation Might Be Available
Depending on the facts and the claims, potential damages can include medical expenses, lost wages, pain and suffering, emotional distress, property damage, and—in some cases—punitive damages against individual officers. Punitive damages are generally not recoverable against municipalities under § 1983. See City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981).
Evidence That Can Strengthen Your Case
- Medical records and photographs documenting injuries over time
- 911 recordings and dispatch logs
- Body-worn camera and surveillance footage
- NYPD paperwork (arrest reports, use-of-force reports)
- Witness statements and expert opinions (e.g., medical, policing standards)
- Your own contemporaneous notes and timeline
Practical Tips
- See a doctor twice: once immediately and again within 48–72 hours to capture delayed symptoms.
- Keep a pain diary: short daily entries can support damages for pain and suffering.
- Preserve clothing: bag and label items worn during the incident; do not wash them.
- Request footage quickly: body-cam and store videos can be overwritten if not preserved.
Post-Incident Checklist
- Photograph injuries from multiple angles and dates
- List all treating providers and facilities
- Collect witness info and save call/text logs
- Secure copies of any summonses, tickets, or charging documents
- Note officer names, badge numbers, vehicle numbers, and precinct
- Consult a New York civil rights attorney about deadlines (e.g., 90-day Notice of Claim)
Frequently Asked Questions
If I was arrested or charged, can I still have a claim?
Possibly. An arrest does not automatically defeat an excessive force claim; the question is whether the force used was objectively unreasonable under the circumstances. See Graham v. Connor.
Do I have to file a CCRB complaint to bring a lawsuit?
No. CCRB is optional and separate from court actions, though it can create an investigative record. See CCRB.
What if there is body-worn camera footage?
Body-worn camera video can be critical. An attorney can quickly send preservation requests and seek footage through records requests or litigation discovery.
How a Lawyer Can Help
A lawyer can preserve evidence, notify the City when required, coordinate medical documentation, interface with the CCRB and prosecutors, evaluate claims under federal and state law, and litigate for compensation. Early legal guidance helps protect your rights and avoid missed deadlines.
Take Action Now
If you believe you were subjected to excessive force by NYPD, seek medical care, preserve evidence, and contact our New York civil rights team as soon as possible to review your options and ensure timely filings.
This blog post provides general information for New York matters and is not legal advice. Reading it does not create an attorney-client relationship. Legal deadlines and procedures can change and may vary by case; consult a licensed attorney about your specific situation.