Filing an Excessive Force Claim Against Police

When Standing Up Feels Impossible

Filing a claim against the police can feel intimidating. You’re hurting, you’re unsure, and you’re wondering what happens next.

In New York, that feeling is real when a simple stop near Empire State Plaza or a late-night encounter off I-787 turns into harm you never expected. Excessive force isn’t a gray area. It’s force that wasn’t needed, used when control already existed or when a safer option was obvious.

Our civil rights lawyers at Horn Wright, LLP, serve clients across several states, including New Jersey, Vermont, Maine, and New Hampshire, and each state handles excessive force claims a little differently. New Jersey’s Law Against Discrimination provides broad civil rights protections, while Maine and Vermont often rely on human rights commissions for oversight. 

In New Hampshire, victims generally have three years to bring claims, which contrasts with New York’s shorter 90-day municipal deadlines for certain filings. No matter the state, our team works to level the playing field when police abuse their power.

We show up for you. If an officer’s actions left you injured or shaken, call (855) 465-4622. You’ll talk to a team that listens, explains your options in plain English, and moves with urgency so deadlines don’t close doors.

What Counts as Excessive Force in New York

Excessive force shows up in different ways. Some harms are obvious on day one. Others surface as medical issues or anxiety weeks later. These patterns appear again and again in New York cases:

• Unjustified physical takedowns. When you’re cooperating, a body‑slam isn’t control—it’s harm. Minor charges don’t justify concussions, broken bones, or deep cuts. Courts compare the force used to the threat you posed in that moment. If the math doesn’t add up, that’s excessive force.
• Improper use of restraints. Handcuffs should secure without damage. Numbness, deep marks, and lasting wrist pain point to misuse. Officers might call it routine, but medical notes tell a clearer story. Lasting injury from cuffs is evidence that crosses the line.
• Weapon misuse during arrests or detentions. Tasers, batons, and pepper spray are designed to reduce risk. When used on a person who’s already subdued, they become punishment. Burns, breathing problems, and nerve pain linger long after the incident. That pattern supports a constitutional claim.
• Chokeholds and dangerous restraints. New York criminalized deadly neck restraints through the Eric Garner Anti‑Chokehold Act. These tactics cut off air and can end lives in seconds. Even brief pressure can cause lasting injury. The law treats these restraints as more than policy violations.

The Legal Protections You Can Rely On

You have constitutional protections that don’t disappear during an arrest. The Fourth Amendment requires force to be “objectively reasonable,” measured by the facts on the ground. The Fourteenth Amendment protects people already in custody, ensuring due process isn’t ignored. Section 1983 is the vehicle that lets you bring those violations into federal court where judges can weigh them.

New York adds state‑level paths. Civil Rights Law § 79‑n allows recovery for bias‑motivated violence. Executive Law § 296 prohibits discriminatory enforcement that targets who you are rather than what happened. The Eric Garner Anti‑Chokehold Act raises the stakes when neck restraints cause injury or death. Together, these laws give your claim structure and teeth.

Deadlines are strict. Most § 1983 claims in New York carry a three‑year statute of limitations. State claims against a city or county often require a Notice of Claim within 90 days under General Municipal Law §§ 50‑e and 50‑i. You protect options by moving on the timeline, not because panic demands it, but because the law does.

The Steps Involved in Filing a Claim

Filing isn’t one form and a signature. You’ll move through clear steps that build proof and protect your rights:

• Gathering your proof. Medical reports, imaging, and therapy notes show how force changed your life. Photos document bruising, swelling, and healing over time. That paper trail turns pain into evidence a court can weigh. Your experience becomes visible and specific.
• Securing video and witnesses. Bodycams, dashcams, and nearby cameras often capture what matters most. Witness statements add angles officers forget or leave out. Early preservation stops footage from vanishing or being overwritten. A synced timeline makes the truth hard to dodge.
• Filing within the right timeframe. Federal cases usually allow three years, but municipal claims can require a 90‑day Notice of Claim. Those clocks run fast and they don’t pause. Proper filings keep doors open for state and federal routes. Missing them can end a case before it starts.
• Identifying who’s responsible. It may involve more than one officer. Departments and municipalities can be liable when policy, custom, or poor training caused the harm. That’s the Monell pathway many cases need. Broader accountability pushes real change beyond a single badge.

Why Evidence Is Everything

Evidence levels the field when uniforms and official reports carry weight. 

Medical documentation anchors your story to objective facts. Doctors’ notes connect symptoms to the incident. Imaging and specialist opinions fill in the details, from fractures to nerve damage. Those records travel well in court.

Video is powerful. Footage near municipal buildings, storefront cameras along Pearl Street, or traffic views by I‑787 can back up your account. A few seconds of clear video can outweigh pages of vague narrative. Even when agencies resist releasing bodycam clips, lawful demands and court orders move the process forward.

Witnesses add texture. They can describe tone, timing, and what happened when the camera turned away. Their accounts connect dots your memory might not hold under stress. Put together, records, video, and voices make a picture that’s hard to ignore and harder to minimize.

The Damages You Can Pursue

Filing a claim isn’t only about calling out misconduct. It’s about repairing what was taken from you. The law recognizes several categories of compensation:

• Medical expenses for today and tomorrow. Emergency care, follow‑ups, surgery, physical therapy, and counseling all cost money. Future treatment plans cover care you’ll still need months or years ahead. Those bills shouldn’t land on you when abuse caused the harm. Compensation keeps recovery from draining savings.
• Lost income and career setbacks. Time off work means missed checks and missed chances. Some injuries change what jobs you can do or how much you can earn. Courts look at both past wage loss and future earning power. Your path forward shouldn’t be narrowed by unlawful force.
• Emotional and psychological harm. Fear in public spaces, panic at sirens, and sleepless nights are real injuries. Therapy notes and testimony from people close to you make the impact clear. These damages recognize that healing isn’t only physical. Justice includes your mental health.
• Punitive damages for reckless misconduct. These awards punish and deter, not just repay bills. Courts consider them when conduct shows malice or a reckless disregard for rights. They send a signal that lines matter. In the right case, they push departments to change.

Why Having the Right Lawyer Matters in New York

Police defenses are built to win early. Qualified immunity shields officers unless the law clearly established that specific conduct was unconstitutional. Getting past that shield takes tight facts and precise case law. Generic arguments don’t survive; tailored ones do.

Holding a city liable raises the bar. Under Monell, you show a policy, custom, or training failure caused the violation. That proof lives in records, patterns, prior complaints, and expert analysis. It’s slow work, but it connects individual harm to institutional choices.

New York adds procedural traps. Short municipal timelines, strict notice rules, and complex intersections between state and federal claims all demand planning. When your team knows the local courts and these rules, your case stays alive on the merits, not lost to paperwork.

Moving Forward Starts Here

Excessive force may have shaken your confidence, but it doesn’t have to silence your voice. 

At Horn Wright, LLP, we fight for people in New York who want accountability and a chance to rebuild without fear. Our dedication has earned us recognition as one of the country’s best law firms, a distinction built on standing strong for clients like you. 

Take the step toward reclaiming your future with a team that’s ready to stand beside you. Reach out to book a complimentary case review with our trusted civil rights attorneys.