Police Brutality Lawyers in New York

Police are allowed to use force in narrow situations. They are not allowed to beat you when you pose no threat, keep hitting after you are subdued, or use a weapon when nothing called for it. When they do, that is police brutality, and the law lets you hold them accountable. This is the strongest area of our practice, and we have spent more than 20 years pursuing these cases across New York.

Here is how brutality cases work, the law behind them, and what it takes to hold the City responsible.

What counts as police brutality

Police brutality is force that goes beyond what the moment required and leaves you hurt. It shows up in many forms:

• Beatings, strikes, and stomping
• Chokeholds and dangerous restraint
• Taser and pepper-spray abuse
• Unjustified shootings
• Force used after you were already handcuffed or subdued
• Assaults during an arrest or inside a precinct

Brutality is closely tied to excessive force, and the two claims often rise together. Where an arrest also had no legal basis, a false arrest claim can join them.

Section 1983: the federal claim behind these cases

The main tool in a brutality case is 42 U.S.C. §1983, the federal statute that lets you sue government actors for violating your constitutional rights. Excessive force by police is judged as a Fourth Amendment violation. Section 1983 matters because it can allow recovery of attorney’s fees and punitive damages against the individual officers who hurt you.

A §1983 claim generally has a three-year statute of limitations in New York and is not subject to the Notice of Claim rule. That said, we usually pair the federal claim with state-law claims, which run on a tighter deadline.

Suing the City, not just the officer

Holding a municipality liable is harder than holding an officer liable. To pin liability on the City itself under §1983, you generally have to show the violation came from an official policy, a practice so widespread it amounts to custom, or a failure to train or supervise. Officers, by contrast, can be sued individually for their own conduct.

Practically, this shapes how we investigate. We look past the single incident to patterns: prior complaints against the officer, unit-level practices, and supervision failures. That work is what separates a claim against one officer from a claim that reaches the department.

The state-law side and its 90-day trap

To bring state-law claims against the City of New York, the NYPD, or another municipality, you must file a Notice of Claim within 90 days of the incident, then file suit within one year and 90 days. A 50-h hearing, an examination under oath, usually comes first. Miss the 90 days and the state claim can vanish, so this cannot wait. See how the Notice of Claim works.

A verdict that shows what accountability looks like

In one police brutality case, our firm secured a $900,000 verdict, including $500,000 in punitive damages. The punitive piece is the jury saying the officer’s conduct was not just wrong but had to be punished. Prior results do not guarantee a similar outcome. Every case is different, and we will tell you honestly what yours involves.

What we do for you

We move fast to preserve evidence: body-camera and surveillance footage, medical records, the arrest file, and witness statements. Footage gets overwritten and memories fade, so early action protects your case.

Sullivan & Brill is partner-led, with eight New York offices. A partner handles your case, and we pledge to represent you as one of our own. These cases run on contingency, meaning no fee unless we recover for you, and the consultation is free and confidential. We are available 24/7. Contact us to talk, or look through our case results.