A brief overview of the different factors of police misconduct.

Police Misconduct Occurs ...

• During traffic stops, arrests, and detentions,
• After a police pursuit,
• During actions taken as a result of racial profiling,
• And during detainment in jails, prisons, and detention facilities.

Examples of Misconduct

• False arrest
• Unjust imprisonment
• Reckless driving
• Excessive use of force
• Abuse of authority
• Sexual misconduct
• Witness tampering

Common Claims

• False Imprisonment
• Malicious Prosecution
• Excessive Force and Police Brutality

Damages Pursued

The damages pursued in a case depends on the extent of the misconduct and the types of injuries that the victim suffers.

• Compensatory Damages
• Aggravated Damages
• Exemplary Damages

Filing a Claim

In New York, the statute of limitations period for filing a misconduct claim depends on the alleged conduct in complaint.

• Statute of limitations: the maximum time after an event within which legal proceedings may be initiated.

A notice of claim must be filed with the Controller’s Office within 90 days from the incident.

“The notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises”

Because of Qualified Immunity, police are protected from lawsuits for the performance of their jobs unless unreasonable conduct is demonstrated.

• Sources