When State-Law Claims Also Apply After a Bronx Police Shooting

Legal Avenues Under New York State Law

When a police shooting takes someone’s life or leaves them with serious injuries, many families begin by looking into federal civil rights options. But in New York, state law can open other doors. 

These additional legal claims can help survivors and families pursue justice on multiple fronts. Whether it’s filing a wrongful death lawsuit or holding the city accountable for emotional trauma, state-law claims matter. They often provide financial relief where federal law might fall short.

At Horn Wright, LLP, we help families explore every path to accountability. If you're looking for a Bronx civil rights attorney who understands how to use both federal and state claims to strengthen your case, we’re here for you. 

We guide each family with focus, care, and the experience needed to challenge both individual officers and the systems behind them.

Why State-Law Claims Matter in Bronx Police Shooting Cases

Federal claims often take center stage after a police shooting, especially when officers violate someone’s constitutional rights. But New York law also offers meaningful remedies that apply in many cases. These state-law claims let families and survivors seek additional damages and hold the city or its employees accountable in different ways.

Here’s why they matter:

• State law allows wrongful death claims, even when federal claims face immunity defenses
• Survivors can sue for battery, assault, negligence, or emotional distress under New York tort law
• These claims can result in financial compensation that supports grieving families

Federal lawsuits often focus on long-term policy problems. State-law claims, by contrast, address what happened to the individual in a very direct way. They are rooted in personal harm and community accountability.

In Bronx-based cases, where emotions run high and public trust is low, state-law claims give families another tool to push for justice.

What Kinds of State Claims Can Be Filed After a Police Shooting

New York law gives survivors and families several options after a police shooting. These civil claims work alongside federal actions and can often be included in the same lawsuit. Each one addresses a different kind of harm or responsibility.

Some of the most common state-law claims include:

• Wrongful death (under EPTL Section 5-4.1): Filed on behalf of a deceased victim’s estate
• Assault and battery: Claims based on intentional harmful contact
• Negligent hiring or supervision: Applies when the city failed to manage the officer properly
• Intentional infliction of emotional distress: In cases where conduct is extreme or outrageous
• Negligence: For lapses in duty that result in injury or death

These claims may rely on different facts or legal theories than federal claims. For example, a battery claim focuses on physical harm, while a negligence claim might focus on the city’s failure to train the officer involved. Each one adds another layer of accountability.

When State and Federal Claims Work Together

You don’t have to choose between state and federal law when filing a lawsuit after a police shooting. In most cases, they work together. Families often file both sets of claims in the same case, building a more complete picture of what happened and who should answer for it.

Here’s how the combination works:

• Federal claims usually focus on constitutional rights, like unlawful seizure or excessive force
• State claims fill in personal injury, wrongful death, or emotional harm
• The facts overlap, but the claims target different legal responsibilities

In many Bronx lawsuits, attorneys bring claims under both 42 U.S.C. Section 1983 (federal) and New York tort law. This strategy helps make sure that if one legal path is blocked, another may still succeed.

Both state and federal courts can hear these claims, depending on how the lawsuit is filed. Plaintiffs may choose to bring all claims in one court to simplify the process and keep the facts aligned.

How the New York Court of Claims Process Works for State Actions

When state officers or agencies are involved, certain claims must go through the New York Court of Claims. This court handles lawsuits against state entities like the New York State Police or MTA Police.

Here’s what the process looks like:

• Plaintiffs must file a notice of intention or notice of claim within 90 days of the incident
• Claims are filed directly in the Court of Claims, not in Supreme Court
• The claim must clearly name the state agency involved and describe the injuries or death

This process is separate from filing against the City of New York or the NYPD. It's only used when the defendant is part of a state-run agency.

The deadlines and procedures are strict. If a notice is late or incomplete, the court may reject the claim entirely. Working with an attorney who understands the Court of Claims process is essential, especially when the agency involved is part of the state government.

What the “Notice of Claim” Rule Requires for City Cases

For city-level shootings involving NYPD officers, families must follow New York’s notice of claim requirement before filing a state-law lawsuit. This applies to wrongful death, assault, or negligence claims filed against the City of New York.

Key steps in the process:

• File the notice within 90 days of the incident
• Include details like location, injuries, and the nature of the misconduct
• Send the notice to the City Comptroller or NYPD Legal Bureau

This step is mandatory for state-law claims in civil court. If it’s skipped, the court may dismiss the case. For Bronx families dealing with trauma, this deadline can arrive quickly, especially if funeral arrangements or hospital care delay legal planning.

In some cases, courts may grant permission to file a late notice, but this isn’t guaranteed. Timely filing helps protect your right to bring a claim under New York law.

What Wrongful Death Claims Look Like Under State Law

Wrongful death lawsuits allow families to recover financial losses when someone dies because of another’s wrongdoing. In police shooting cases, these claims often appear alongside civil rights lawsuits.

Here’s how wrongful death claims work:

• They must be filed by the personal representative of the victim’s estate
• Damages may include lost earnings, medical expenses, funeral costs, and lost parental guidance
• Courts consider how long the victim lived after the shooting, if at all

Unlike some other states, New York doesn’t allow recovery for emotional pain unless the victim consciously suffered before death. That said, the economic value of the claim can still be significant, especially if the victim had dependents or supported family members.

These claims often use facts from the federal case, such as body camera footage, witness statements, or internal investigations. When built properly, a state wrongful death case can highlight a city’s failure and deliver meaningful compensation.

How Emotional Distress and Personal Injury Claims Work

Not all police shooting cases end in death. When someone survives with injuries or trauma, they may bring claims for personal injury and emotional distress under New York law.

These claims apply when:

• The person suffered physical wounds, psychological trauma, or both
• The officer’s behavior was reckless, violent, or clearly out of bounds
• The incident caused lasting effects that require treatment or therapy

To succeed, plaintiffs must show that the emotional harm is real and significant. A diagnosis of PTSD, anxiety, or depression can strengthen the claim. Medical records, therapist statements, and testimony about lifestyle changes all support recovery.

Personal injury claims are more straightforward. They focus on things like:

• Bullet wounds or related injuries
• Scarring or disfigurement
• Loss of mobility or ongoing pain

Each claim targets specific harms caused by the shooting. In Bronx cases, where officers have been known to use aggressive tactics during arrests, these claims frequently arise.

When the City or Individual Officers Can Be Sued Directly

New York law allows both individual officers and the City of New York to be named in state-law lawsuits. The legal strategy depends on whether the officer acted within the scope of their employment.

Here’s how the liability breaks down:

• The City can be sued when officers acted on duty, even if they acted improperly
• The officer personally can be sued when they acted maliciously or outside official duties
• Both can be sued together, especially in assault, negligence, or wrongful death claims

In most Bronx lawsuits, both are named. This ensures that if one party avoids liability, the other may still be held accountable.

This also increases the chance of recovering damages. If an officer lacks resources to pay a judgment, the city’s involvement makes financial recovery more likely. It also sends a public message that misconduct will not be buried or overlooked.

We Help Bronx Families Pursue Every Path to Justice

At Horn Wright, LLP, we don’t stop at federal law. Our attorneys know how to use New York state claims to give Bronx families more legal options after a police shooting. 

Whether you're filing for wrongful death, personal injury, or emotional distress, we’re ready to build your case with care and strength. 

Let us stand beside you and pursue justice on every level available under state law.