Police Brutality FAQs: Common Questions Answered

You Have Questions, and You Deserve Straight Answers

When someone survives police brutality, the aftermath is filled with confusion. The physical pain is real, but the emotional toll can be just as heavy. Victims and families often sit with the same pressing questions: Do I even have a case? Who can I turn to? Will anyone believe me?

At Horn Wright, LLP, we’ve heard every kind of question from people who’ve gone through this trauma. And the truth is, there are answers. Some may be tough to hear, but clarity matters when your future is on the line. We’ve gathered the most common questions we hear, and the information you need to start making sense of your options.

Can I File a Case Without Physical Injuries

This is one of the most common fears. Victims worry that without bruises or broken bones, their experience won’t “count.” But brutality isn’t only about what shows up on a medical chart. Harassment, humiliation, unlawful detention, and psychological trauma are all real harms recognized by the law.

Federal courts have repeatedly ruled that the Fourth Amendment, which protects against unreasonable searches and seizures, doesn’t require physical injury for a violation. In New York, courts have also acknowledged emotional harm and mental distress as grounds for damages in civil rights claims.

So yes, you can file a case without visible scars. The challenge is often in proving the impact. That’s where testimony from mental health professionals, records of anxiety or PTSD treatment, and even witness statements become essential. Just because the wounds aren’t visible doesn’t mean they aren’t real.

How Long Do I Have to File a Lawsuit

Deadlines can make or break a case. In legal terms, these deadlines are called statutes of limitations. Wait too long, and courts may dismiss your case no matter how strong it is.

In New York, most police brutality claims brought under 42 U.S.C. §1983 must be filed within three years. However, some related claims under state law, such as assault or false imprisonment, have shorter time limits, often one year and ninety days when filed against municipalities under General Municipal Law §50-e. This law also requires a “Notice of Claim” before suing a public entity, and missing that deadline can derail the case entirely.

This is why timing is critical. A delay of even a few months can change the entire strategy. Victims don’t need to have every answer on day one, but they do need to act fast enough to keep options alive.

What If Internal Affairs Dismissed My Complaint

It’s discouraging when Internal Affairs investigates and decides no misconduct occurred. Many victims take that as the end of the road. It isn’t. Internal Affairs is not the final judge of whether brutality happened.

New York has independent avenues for accountability. Victims can still bring civil rights claims in court regardless of what Internal Affairs concluded. Federal law under 42 U.S.C. §1983 provides a completely separate path, one that doesn’t depend on police-run investigations. In fact, many successful lawsuits have come from cases Internal Affairs dismissed.

An internal dismissal may even help your case by showing bias or lack of transparency within the department. Courts and juries understand that police investigating themselves is far from neutral. It doesn’t shut your case down, it can become part of the evidence showing why outside accountability is necessary.

New Hampshire Law Gives Shorter Statutes Of Limitations Than New York

Not every state gives victims the same time to act. In New Hampshire, the statute of limitations for many civil rights claims is shorter, often two years. That may not sound like a big difference, but for someone coping with trauma, recovering physically, or navigating a complicated system, those months matter.

By contrast, New York’s three-year statute for federal claims offers a slightly larger window. And under state law, while the deadlines can be tight for municipal claims, courts sometimes allow equitable tolling in extraordinary cases. This means victims in New York may have more breathing room than those in New Hampshire.

The difference highlights why location matters. A case that might be dismissed in one state could still proceed in another. Understanding your jurisdiction is just as important as understanding the facts of your case.

Can I Sue if I Was Arrested and Beaten at the Same Time

Yes. Being lawfully arrested doesn’t give officers the right to use excessive force. An arrest and brutality can occur together, and the law treats them as separate issues.

Under the Fourth Amendment, arrests must be reasonable, and so must the force used. If officers beat you while taking you into custody, even if the arrest itself had legal grounds, that force may still be unconstitutional. New York courts have consistently recognized this distinction, allowing victims to pursue claims for both unlawful arrest and excessive force.

Practically, this means attorneys often file dual claims: one challenging the arrest, and another challenging the violence. Each part of the case may require different evidence, but together they show a pattern of abuse that courts take seriously.

Do These Cases Actually Win

Skepticism is natural. Many people think suing the police is pointless because “the system protects its own.” But cases do win, both in settlements and at trial. The outcomes often depend on persistence, evidence, and strong legal representation.

In New York, public reporting from the Comptroller’s Office shows millions paid out every year in brutality settlements. These aren’t rare victories. They’re part of a broader pattern of accountability forced through litigation. Federal cases under Section 1983 have also set national precedents, showing that victims can succeed even against entrenched systems.

Winning doesn’t always mean a huge payday or a headline-grabbing verdict. Sometimes it means getting recognition that what happened was wrong, forcing reforms in a department, or receiving compensation that eases the burden of recovery. Justice comes in many forms, and victories are possible.

Horn Wright, LLP, Has the Answers Victims Need

The questions never stop after brutality. Each answer brings relief, but also new worries. That’s normal. What matters is knowing you don’t have to navigate those questions alone. At Horn Wright, LLP, we listen, explain, and fight. Whether your concern is about deadlines, retaliation, or whether your injuries “count,” our civil rights attorneys will make sure you understand your options and pursue every path to justice.