At Apicella & Schlesinger Attorneys at Law, we aggressively fight for victims of police misconduct and wrongful arrests.
If you or a loved one have been falsely arrested in New York City, time is of the essence when seeking justice. False arrest claims fall under civil rights violations, and understanding the statute of limitations is crucial to ensuring your case is filed within the legal timeframe.
At Apicella & Schlesinger Attorneys at Law, we have decades of experience protecting the rights of victims of police misconduct.
What Is a False Arrest?
A false arrest occurs when law enforcement detains an individual without legal justification. This can happen due to:
- Mistaken identity
- Police misconduct or abuse of power
- Lack of probable cause
- Violation of constitutional rights
If you were detained unlawfully, you may have grounds to file a lawsuit against the police or other responsible parties.
Statute of Limitations for False Arrest in New York
The statute of limitations refers to the time limit within which a person must file a legal claim. In New York, the timeframe for filing a false arrest lawsuit depends on who you are suing:
- Claims Against Private Parties
- If your false arrest involved private security, a store, or a non-governmental entity, you have one year from the date of the arrest to file a lawsuit.
- Claims Against the City, NYPD, or Public Officials
- If your claim is against the NYPD, the City of New York, or public officials, a 90-day notice of claim must be filed with the City before you can proceed with a lawsuit.
- After the notice of claim, you have one year and 90 days from the date of the arrest to file your lawsuit.
- Federal Civil Rights Claims Under Section 1983
- If your false arrest violates your constitutional rights under 42 U.S.C. § 1983, you have three years from the date of the arrest to file a lawsuit in federal court.
When Does the Statute of Limitations Start?
In most cases, the clock starts on the date of the arrest. However, suppose you were prosecuted as a result of the false arrest. In that case, additional claims like malicious prosecution may extend the timeline, starting from the date the charges were dismissed or resolved in your favor.
What Happens if You Miss the Deadline?
Failing to file within the statute of limitations could mean losing your right to sue. The court will likely dismiss your case, preventing you from recovering damages for wrongful detention, emotional distress, or other related losses.
How to Protect Your Rights After a False Arrest
To ensure your claim is handled correctly, take these immediate steps:
- Document the arrest – Write down details such as the officers involved, location, and any witness information.
- Request legal counsel immediately – Do not speak to the police without an attorney present.
- File a notice of claim if suing a government entity – This is required within 90 days for cases involving public officials.
- Gather evidence – Medical records, photos of injuries, and bodycam footage can strengthen your case.
Consult an Experienced Civil Rights Attorney
Navigating false arrest claims requires expertise in both state and federal laws. At Apicella & Schlesinger Attorneys at Law, we aggressively fight for victims of police misconduct and wrongful arrests. Our legal team will ensure your case is filed on time and that you receive the justice you deserve.