Civil Rights Attorneys in New York City
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Content reviewed by: Alex Shulman
- Last updated: Oct. 29, 2024
Law enforcement and other government actors who violate your civil rights in New York City can be held liable. Protecting the civil rights of one individual helps preserve the rights of everyone. Our NYC false arrest and police brutality attorneys are dedicated to holding law enforcement officers accountable when they violate your civil rights.
Call (212) 221-1000 or contact us online to connect with our New York City civil rights lawyers if you believe your rights have been violated. You may be entitled to substantial compensation.
Why Choose Shulman & Hill?
We are one of NYC’s fastest-growing civil rights law firms with a strong track record of success. Our dedicated police misconduct attorneys cannot be intimidated and will defend your rights even if the deck is stacked against you.
We refuse to take no for an answer. Our only civil rights trial loss in our firm’s history ended in an eventual victory for our client and thousands of other victims of malicious prosecution. In Thompson v. Clark, the judge ruled against our client because the law required it. However, he agreed with us. As the Brooklyn Eagle reported, the judge urged attorney Cary London to appeal. We appealed all the way to the United States Supreme Court and won a landmark ruling. That is why we are the best – we fight until the very end.
We are for the common man. With decades of combined experience and $500 million in compensation recovered, our experienced NYC civil rights lawyers are changing the definition of legal service through open communication, attention to detail, and vigorous representation through litigation.
Where the criminal case ends, the story doesn’t have to end, and it shouldn’t end. In order to reform, these stories need to be told. And that’s exactly what this practice endeavors to do, to tell these stories.
Examples of Civil Rights Violations
- False arrest
- Unlawful stop and frisk
- Excessive force
- Cruel and unusual punishment while in custody
- Malicious prosecution
- Denial of the right to a fair trial
Police Brutality and Excessive Force
Police must remain objective and professional. They are not authorized to use physical force against a person except in limited circumstances to control an imminent threat to themselves or others. Even if force is necessary, it must be proportional to the threat. Any force beyond what is necessary to contain a threat may constitute police brutality and a violation of civil rights. Examples of police brutality include:
- Verbal abuse and threats
- Beatings with a fist, nightstick, pistol, or other object
- Menacing conduct, such as holding a gun to you
- Shootings involving guns, rubber bullets, or tasers
- Pepper spray
- Sexual assault
This is not an exhaustive list. Our award-winning civil rights lawyers in NYC are dedicated to holding police accountable for abuse of power and getting you the maximum compensation available.
False Arrests
Being arrested and charged with a crime you did not commit may amount to false arrest, which can occur without criminal charges. Any unjustified detainment, regardless of how short, may constitute a false arrest, such as:
- Spending a night in jail
- Being questioned at a police precinct
- Being handcuffed in the back of a police car
- Being stopped and frisked
- Being pulled over in your car without cause
for excessive force during a traffic stop on a doctor
for 2 Detective Franco cases
for 2 kids wrongfully detained over 3 days at the 41 Precinct and released no charges
for a trespass arrest with shoulder surgery
Fourth and Fourteenth Amendment Violations
You have a right to move about the city and be in your home without fear of police searching your home, car, person, or property. The law only allows police searches with consent, a search warrant, or probable cause. Consent must be voluntary. If you give consent under duress because of police intimidation, it is involuntary and a violation of your rights.
Probable cause must be based on facts or evidence that would lead a reasonable person to believe a crime has been, is being, or will be committed. Probable cause can be established in a number of ways, including but not limited to the following:
- Physical evidence of illegal activity observed in plain view by law enforcement.
- Illegal activity witnessed directly by an officer.
- A credible complaint or information from a reliable source about illegal activity.
- Circumstances or observations that would lead a reasonable person, based on specific facts, to suspect that illegal activity is taking place (e.g., behavior, environment, or other observable factors).
Stop and frisk is one of the most infamous NYPD practices. A New York federal court declared it was being used unconstitutionally in 2013 due to racial profiling. Approximately over 85 percent of persons stopped and frisked were black or Hispanic, and 88 percent were innocent. The NYPD still practices it today. We can help you file a civil rights lawsuit if police violate your constitutional rights.
Common False Charges That the Shulman & Hill Civil Rights Team Sees
When police stop or question you without just cause, the incident can escalate and lead to unfair criminal charges. Officers may accuse you of a crime if you assert your rights, raise your voice, or otherwise attempt to protect yourself. They may accuse you of an obscure violation or even plant evidence. In our experience, the following charges are often red flags underlying a false arrest:
- Disorderly conduct
- Obstructing governmental administration
- Resisting arrest
- Trespassing
- Drug possession
- Drug sales
- Possession of forged instrument (e.g., bad license plates or dealer tags)
- Tampering with physical evidence
- Theft of subway services
- Moving between subway cars
- Riding a bicycle on sidewalks
- Noise ordinance infractions
- Failure to obtain a dog license
- Spitting in public
- Improper window tints
- Improper public assembly
- Public urination
- Open container of alcohol
We can help you sue the NYPD for false arrest, malicious prosecution, and other violations of your civil rights when you are arrested for conduct you did not commit.
Wrongful Convictions
According to the Bronx Times, NYC has the third-highest number of wrongful convictions in the nation. Every suspect is entitled to a presumption of innocence until proven guilty beyond a reasonable doubt. Wrongful convictions may stem from:
- Witness and evidence tampering by police
- Prosecutorial misconduct
- Misrepresented science
- Eyewitness misidentification
- Coerced confessions
- Ineffective defense counsel
Section 8-b of the Court of Claims Act allows wrongfully convicted persons to file a civil lawsuit against the state for the time they spent wrongfully imprisoned. The court may award damages it deems “fair and reasonable.” Our NYC wrongful conviction lawyers can challenge your wrongful conviction and sue the state for damages once you are cleared.
Denial of Right to a Fair Trial
You may have been denied your right to a fair trial if you were convicted based on anything other than proof beyond a reasonable doubt. While there are many, the following factors could suggest that your trial was unfair or your rights were violated:
- Your case was highly publicized in a way that prejudiced the jury against you;
- You were forced to wear prison attire to your trial;
- Prosecution witnesses committed perjury;
- You were coerced into pleading guilty to a crime you did not commit;
- You were denied a right to present witnesses;
- The police provided the prosecution false, misleading, or fabricated evidence; or
- The prosecution presented prejudicial information to the jury.
The Sixth Amendment guarantees your right to a speedy trial, and New York Criminal Procedure Law § 30.30 requires the prosecution to take your case to trial within six months for alleged offenses, at least one of which is a felony. Timeframes are even shorter for lesser crimes.
Notwithstanding, the New York City Comptroller reports that many people are waiting three years or longer to go to trial. If you cannot afford bail, you may be held in pre-trial detention while awaiting trial.
Rikers Island Lawsuit and Claims
Inmates are entitled to safe, sanitary conditions where their basic needs are met, but they often endure inhumane conditions at Rikers Island. According to New York Focus, staff leave inmates in intake cells for days, where there are no toilets or beds. Inmates relieve themselves in plastic bags, on the floor, or in their own clothing. News outlets have published photos showing overcrowded intake cells with inmates sleeping on floors without blankets.
If you have spent time at Rikers Island:
- Did an inmate physically or sexually assault, threaten, or harass you?
- Did guards use excessive force or attack you?
- Were you deprived of food, water, feminine products, or other basic needs?
- Were you denied medical care, including mental health care?
- Did you slip and fall in water because of broken pipes?
- Were you exposed to COVID-19, Staph, or other infectious diseases?
Such mistreatment may constitute cruel and unusual punishment in violation of your Eighth Amendment rights.
How a New York Civil Rights Attorney Can Help You
We represent people whose criminal charges have been dismissed, those who have been subject to excessive force by the NYPD, and those who endured unacceptable conditions at Rikers Island and other detention facilities. Being accused of a crime can destroy your reputation and cause others to question your credibility. You may feel like no one is on your side.
At Shulman & Hill, we see you, we respect you, and we are ready to fight for you. Many of our attorneys have won prestigious awards for outstanding client service and results, including recognition as Super Lawyers, Top 40 Under 40, and Rising Stars. We know what it takes to hold the government accountable and are ready to go the extra mile to get justice for you.
Meet Our NYC Civil Rights Attorneys
Cary London
Cary London is a go-to New York civil rights attorney. He is the chair of the Civil Rights Division of the Brooklyn Bar Association and a Board Member of Brooklyn Defender Services.
Omar Russo
Omar Russo is a passionate civil rights attorney with experience defending the City of New York in lawsuits. This gives him unique insight into the strategies needed to help victims of police misconduct win cases against the city.
Michael Pecorella
Michael Pecorella is a member of the Polestino Trial Advocacy Association and the newest member of our civil rights team.
Police Misconduct in New York
A 2021 NYCLU study found that the NYPD does not police itself effectively. The Civilian Complaint Review Board (CCRB) received over 180,000 complaints of police misconduct from 2000 through May 2021. It substantiated 12,980 cases. The NYPD only formally disciplined 33 percent of the abusive officers and terminated fewer than 1 percent. Actual instances of police misconduct are likely higher, as it is underreported.
Among the substantiated complaints, black people were six times more likely to be the injured party than white people, and Latinx people were twice as likely. Children of color under 18 were the most common age group.
Civil lawsuits provide another means to hold the NYPD accountable. According to the Legal Aid Society, the NYPD paid over $114.6 million to 801 people in lawsuit settlements and verdicts in 2023, with an average payout of $25,000. In 2022, payouts totaled $135.4 million. These numbers represent a significant increase over previous years, most likely due to the New York City Council’s decision to end qualified immunity for police officers in New York in 2021, making it easier to file lawsuits against the NYPD.
Damages Available in Civil Rights Cases
You can pursue legal compensation for civil rights infringements in New York. Damages may include economic losses such as medical expenses, lost earnings, and attorney fees. They may also include non-economic losses, such as physical suffering and emotional trauma caused by the incident. In certain cases, you may also have a viable claim for punitive damages, which are meant to punish egregious misconduct by defendants.
The damages available to you will vary depending on the facts of your case and the kind of claim you are eligible to file. Our New York civil rights attorneys will consider all available forms of compensation and fight aggressively on your behalf.
What Is the Statute of Limitations for a Civil Rights Case?
To file a lawsuit against the city, you normally must file a notice of claim with the New York City Comptroller within 90 days of the incident and comply with the governing statute of limitations, normally set at one year and 90 days. However, federal § 1983 claims are governed by a three-year deadline.
The key takeaway is that this area of the law is highly complex. Therefore, it’s important to meet with a civil rights lawyer as soon as possible after a violation occurs. They can help determine the correct filing deadline for your claim. Schedule a free case review with a New York civil rights attorney at Shulman & Hill at one of our locations near you.
Our Civil Rights Team in the News
Share Your Story With Our Civil Rights Team Today
Serving all five boroughs, we are real New Yorkers with decades of combined experience providing top-tier legal representation. We are dedicated to holding law enforcement accountable when they violate civil rights. We will listen to your story and work to ensure your voice is heard.
If you believe your civil rights were violated by a government actor in New York, let us defend your rights and help you get the compensation you deserve. Contact us online or call (212) 221-1000 to schedule your free consultation today. To better serve the needs of our diverse community, our multilingual attorneys offer services in Spanish and Russian.