Can You Sue If You Took an ACD in the Bronx?

How an ACD Affects Your Right to File a Civil Rights Claim

If your criminal case in the Bronx ended with an ACD, you're probably wondering what that means for your future, especially if you were arrested without cause. 

An Adjournment in Contemplation of Dismissal (ACD) can seem like a quiet resolution. You stay out of trouble for a set time, and the case goes away. But does it end your right to sue the NYPD or Bronx prosecutors if you believe the arrest was unfair? The answer depends on what happened, how your case ended, and what your records say.

At Horn Wright, LLP, our Bronx civil rights attorneys work with people who took an ACD but still want accountability. If your arrest was based on false statements, profiling, or retaliation, we can help you examine whether a Section 1983 lawsuit is still possible. 

Know What an ACD Means in New York Criminal Cases

An Adjournment in Contemplation of Dismissal is a resolution available in many Bronx cases, especially those involving minor charges. Under New York CPL §170.55, an ACD means the court pauses the case, usually for six months. If you stay out of legal trouble, the case is dismissed and sealed.

It sounds like a win. And in many ways, it is. An ACD avoids a conviction and ends court involvement. But the legal meaning of that dismissal is different when it comes to civil rights claims.

In the Bronx, ACDs are common in cases involving:

• Low-level drug possession
• Disorderly conduct
• Minor theft charges
• First-time offenses

The court treats it as a second chance. But the record of how the case ended can affect whether you can sue for what led up to it.

Understand Why an ACD Isn’t Always a "Favorable Termination"

To sue under Section 1983 for malicious prosecution, one requirement is that your criminal case ended in your favor. Courts call this a "favorable termination."

That’s where ACDs create a gray area. Some courts say they’re neutral, neither a win nor a loss. Others may see them as favorable because the charges go away.

In New York, the state’s highest court has often treated ACDs as neutral. That means the dismissal alone may not meet the "favorable termination" requirement. And that matters, because it can affect whether your civil rights claim gets dismissed early.

In Bronx courts, prosecutors often argue that an ACD doesn’t prove innocence, just closure. Without a clear finding that the case lacked merit, they may try to block your right to sue.

See How Federal Courts Differ on the Meaning of ACDs

Federal courts take a wider view than state courts when it comes to civil rights protections.

In 2022, the U.S. Supreme Court clarified the issue in Thompson v. Clark. The Court ruled that a person bringing a malicious prosecution claim under Section 1983 only needs to show that the case ended without a conviction. They no longer have to prove actual innocence.

This ruling expanded access to civil rights claims in New York, including for people who accepted an ACD.

Now, many federal judges consider an ACD a "favorable termination," because the case ends and no conviction results. This is especially helpful for Bronx residents who accepted an ACD under pressure, but still believe they were wrongfully arrested or charged.

Depending on which federal district court hears your case, the interpretation may vary. But the Thompson decision makes it harder for cities and police departments to claim that an ACD blocks your right to sue.

Identify What Your ACD Records Say About the Outcome

To evaluate your options, start by checking your court records. The most important document is the Certificate of Disposition from Bronx Criminal Court. It shows how the case ended.

Look for language that says:

• "Dismissed"
• "Dismissed in the interest of justice"
• "ACD (Adjourned in Contemplation of Dismissal)"

The exact wording matters. If your paperwork includes language that suggests the case was resolved favorably, it can support a civil claim.

To get your certificate:

• Visit the Bronx Criminal Court Clerk’s Office at 215 East 161st Street
• Bring a photo ID
• Request your disposition in person or through the NYC Criminal Court Portal

Once you have it, an attorney can review whether the termination meets the legal standard for a Section 1983 claim.

Consider Whether the Charges Were Groundless or Retaliatory

How the case ended matters, but so does how it began. If the arrest had no probable cause, was based on false information, or came after you filed a complaint against police, you may have grounds for a civil suit.

An ACD doesn’t erase what happened before the charges were filed. And it doesn’t excuse officers who acted in bad faith.

Situations that may still qualify for a civil claim:

• Arrests made without warrants or clear evidence
• Officers targeting individuals after protests or complaints
• Charges filed to justify an illegal stop or search
• Cases where the prosecution collapsed immediately

If the ACD was the result of a flawed or retaliatory process, your civil rights may still have been violated.

Examine How Law Enforcement Behaved During the Case

Your right to sue also depends on how the NYPD and Bronx prosecutors acted after the arrest. Even if you accepted an ACD, their behavior may still cross legal lines.

Ask these questions:

• Did officers fabricate information in the arrest report?
• Was video evidence ignored or withheld?
• Did prosecutors keep the case alive after clear evidence of innocence?

Examples of misconduct can include misleading affidavits, witness coercion, or failure to disclose body cam footage. These factors are especially important in Bronx cases, where prosecutors sometimes offer ACDs instead of dismissing weak charges outright.

This kind of conduct can support a Section 1983 claim even if your case ended without a conviction.

Know the Risks of Accepting an ACD Without Legal Advice

Many people accept ACDs quickly just to end the stress of going to court. That’s understandable. But what they may not know is that this choice can affect future legal rights.

Problems that come up later include:

• Losing the chance to sue for damages
• Difficulty proving the case ended in your favor
• Delayed access to sealed records if you want to file a claim

Defense attorneys sometimes recommend ACDs to avoid trial, but they may not be thinking about civil rights claims. A civil rights lawyer brings a different perspective. If you’re offered an ACD, it’s a good idea to ask what it means for your ability to hold police accountable.

Understand How Timing Affects Your Right to Sue

Even if your ACD allows for a lawsuit, you have a limited time to file. In New York, the deadline for bringing a Section 1983 claim is generally three years from the date of favorable termination. That means three years from the date your case was officially dismissed.

But waiting has real risks:

• Body cam and surveillance footage may be deleted
• Witnesses may become harder to locate
• Police records can be harder to obtain once sealed

Acting early protects your ability to build a strong case. If you accepted an ACD more than two years ago, talk to an attorney now to avoid missing the window.

Talk to a Bronx Civil Rights Attorney About Your ACD Case

Whether you can sue after an ACD depends on facts specific to your case. A civil rights attorney can:

• Review your Certificate of Disposition
• Evaluate how the arrest and prosecution were handled
• Identify any misconduct or legal violations
• Help you decide whether filing a claim makes sense

At Horn Wright, LLP, we represent clients across New York who accepted ACDs without knowing the full consequences. Our Bronx team knows how prosecutors and police often use ACDs to make cases disappear, even ones that were weak from the start.

An ACD Doesn’t Always Block Your Right to Sue

An ACD is not the end of the story. If you were arrested unfairly in the Bronx and later accepted an ACD, you may still have the right to bring a civil rights claim. 

It depends on how your case was handled, what the records say, and whether police or prosecutors crossed the line. 

While some courts treat ACDs as neutral, recent federal rulings have opened the door for lawsuits. The best way to know for sure is to speak with a Bronx civil rights lawyer who understands how these cases work. 

If your charges were dismissed and your rights were violated, you may still have options.