A lawsuit against the New York City Police Department is commenced by filing a Summons & Complaint against the City of New York. However, before filing a Summons & Complaint against the City of New York two prerequisites must be met.
The first prerequisite is that a Notice of Claim must be filed with The City of New York within ninety (90) days of the date of the incident for which a claim is being brought against the New York City Police Department. The Notice of Claim must detail out the particulars of the incident for which a claim is being brought. Crucially, each type of claim that can be brought against the New York City Police Department has it’s own rules as to when the “clock” begins to run on these ninety days. As such, it is extremely important to consult an attorney about this requirement.
After a Notice of Claim is filed a 50-H hearing will be scheduled. Attendance at the 50-H hearing is the second requirement. A 50-H hearing is similar in substance to a deposition. It allows the City of New York to ask questions of the individual bringing the claim under oath. This statutorily required hearing is frequently held in a conference room.
After both of these procedural requirements have been complied with, a claimant is then allowed to file a Summons & Complaint against the City of New York. The substance of a Complaint against the City of New York is dependent on what sort of claim is being brought. For example, false arrest, wrongful prosecution and police brutality all have distinct allegations that must be plead in order for the Complaint to be actionable. While meticulous particularity of the facts from the underlying claim isn’t mandated at this stage of the lawsuit, the allegations should demonstrate the probability that if the conduct occurred as described, a grounds for legal relief would be justified. It is important to remember that you can bring several causes of action under one Complaint. However, each cause of action alleged must be able to stand alone in order to receive relief by the Court.
Greenstein & Milbauer, LLP has experienced attorneys who specialize in bringing lawsuits against the New York City Police Department. Cops are sworn to uphold the law. We hold cops accountable when they fail to do so.
The qualified and experienced cop accountability attorneys at Greenstein & Milbauer, LLP can collect the right evidence and testimony to bring a lawsuit against the New York City Police Department, get you the compensation you deserve and help you obtain justice. Schedule a free, confidential consultation by contacting the cop accountability attorneys at Greenstein & Milbauer, LLP. The cop accountability attorneys at Greenstein & Milbauer, LLP handle all types of police misconduct and police brutality cases including those that involve excessive force, illegal chokeholds, racial profiling, wrongful search and seizures, false arrest, false imprisonment, witness tampering and police corruption. The cop accountability attorneys at Greenstein & Milbauer, LLP are committed to helping victims of police brutality or misconduct and will hold police officers and law enforcement agencies accountable.
Our firm’s motto is “Don’t Be A Victim Twice”. If you are a victim of police misconduct or police brutality, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful. That’s our “Our Fee Guarantee – No Fee Unless Successful.
We are the cop accountability law firm. When cops fail to protect and serve, we hold them accountable!