Falsely Arrested in NYC? Fight Back with Civil Rights

What Is a False Arrest in New York?

Under New York law, false arrest (a form of false imprisonment) generally requires an intentional confinement of a person without consent and without privilege or legal justification. Probable cause is a complete defense. See Broughton v. State of New York, 37 N.Y.2d 451 (1975); Weyant v. Okst, 101 F.3d 845 (2d Cir. 1996); Jaegly v. Couch, 439 F.3d 149 (2d Cir. 2006).

Police generally need probable cause (or a valid warrant) to make a custodial arrest. If officers arrest you without probable cause, you may have a civil claim. A false arrest claim typically covers the time between the initial detention and arraignment; post-arraignment harms are usually addressed by a malicious prosecution claim. See Wallace v. Kato, 549 U.S. 384 (2007); Broughton.

Private security and other non-police actors can also commit false arrest when they unlawfully detain someone. Merchants have a limited “shopkeeper’s privilege” if they reasonably detain a suspected shoplifter. See N.Y. Gen. Bus. Law § 218.

Common Situations That Can Lead to False Arrest

• Mistaken identity or reliance on unreliable witness statements
• Detentions following an unlawful stop or search
• Arrests where charges are later dismissed (a dismissal can support a claim but does not automatically prove lack of probable cause)
• Overreliance on flawed facial recognition or database hits
• Arrests after a trespass or shoplifting accusation without adequate investigation
• Failure to promptly release after material exculpatory facts emerge (which may also support malicious prosecution or other claims)

Your Potential Legal Claims

• False arrest/false imprisonment under New York law. Elements and defenses are outlined in Broughton and Weyant.
• Federal civil rights claims under 42 U.S.C. § 1983 for violations of the Fourth Amendment. Note that to hold the City liable under § 1983, you must show a municipal policy or custom (Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978)).
• Malicious prosecution if a criminal case was initiated without probable cause and ended in your favor; federal cases look to the favorable-termination standard clarified in Thompson v. Clark, 596 U.S. 36 (2022).
• Excessive force and unlawful search claims where applicable.
• Negligent hiring, training, or supervision against certain non-municipal defendants where permitted.
• State-law tort claims against the City of New York require strict pre-suit notice and deadline compliance (see below).

Who Can You Hold Responsible?

• Individual officers who violated your rights (subject to defenses like qualified immunity).
• The City of New York for state-law torts if you meet notice-of-claim and timing requirements under GML § 50-e and GML § 50-i. For federal § 1983 claims, municipal liability requires a policy or custom under Monell.
• Private entities and security personnel that unlawfully detain you (subject to defenses like the shopkeeper’s privilege under GBL § 218).
• Supervisory actors in limited circumstances when legal standards are satisfied.

What Compensation Might Be Available?

Depending on the facts, recoverable damages may include compensation for time spent in custody, emotional distress, lost income, medical costs, reputational harm, and, in egregious cases, punitive damages against individual wrongdoers where permitted. Punitive damages are not available against municipalities in federal civil rights suits. See City of Newport v. Fact Concerts, 453 U.S. 247 (1981).

Act Quickly: Special Notice Rules and Deadlines

• Notice of claim (state-law torts against NYC): Generally must be served within 90 days of the incident. See N.Y. Gen. Mun. Law § 50-e. NYC accepts electronic claims via the Comptroller’s portal. See NYC Comptroller – Filing Claims.
• Time to sue NYC on state-law torts: Generally one year and 90 days from the event (and only after serving a proper notice of claim). See GML § 50-i.
• Intentional torts against non-municipal defendants: Often one-year statute of limitations. See CPLR 215(3).
• Federal § 1983 claims: Typically a three-year limitations period in New York. See Owens v. Okure, 488 U.S. 235 (1989). No state-law notice of claim is required for § 1983 claims. See Felder v. Casey, 487 U.S. 131 (1988).
• Accrual: False arrest claims generally accrue upon release or arraignment, while malicious prosecution accrues upon favorable termination. See Wallace; Broughton.

How a Civil Rights Lawyer Helps

• Investigate body-worn camera footage, 911 calls, arrest paperwork, and surveillance video
• Move quickly to preserve key evidence
• Evaluate probable cause and qualified immunity
• Handle notice-of-claim filings and court deadlines
• Negotiate with the NYC Comptroller/Corporation Counsel and litigate in state or federal court
• Pursue full compensation and accountability

What To Do Right Now

Frequently Asked Questions

Does a dismissal mean I automatically win a false arrest case? No. A dismissal can support your claim, but the question is whether officers had probable cause at the moment of arrest. See Jaegly; Weyant.

Can I sue if I pled guilty? A guilty plea typically establishes probable cause and often defeats a false arrest claim, though other claims may still exist depending on the facts. See Cameron v. Fogarty, 806 F.2d 380 (2d Cir. 1986).

What if the officer had a warrant? A valid warrant usually justifies the arrest, but there may be claims for mistaken identity or unreasonable execution. See Baker v. McCollan, 443 U.S. 137 (1979).

Do I have to file a notice of claim? For state-law claims against the City and many public entities, yes—notice rules apply. See GML § 50-e. Federal § 1983 claims have different requirements and do not require a state-law notice of claim. See Felder.

Take the Next Step

If you were falsely arrested in New York City, you don’t have to navigate this alone. Our civil rights team can assess your case, preserve evidence, and take swift action to protect your rights. Contact us for a confidential consultation.

New York-specific disclaimer: This post is for general information only, is not legal advice, and does not create an attorney-client relationship. New York notice and filing deadlines are short and strictly enforced. Consult a New York attorney about your specific situation.