1. Can I file a lawsuit if I’ve been wrongfully arrested?

Yes, if you were arrested without probable cause or legal justification, you may have the right to file a lawsuit for wrongful arrest. Police officers must have reasonable suspicion or evidence to make an arrest. If they failed to meet this standard, you could pursue legal action to hold them accountable for violating your rights.

2. What evidence do I need to prove that my arrest was wrongful?

To prove a wrongful arrest, you will need evidence showing that the police lacked probable cause to detain you. This could include witness statements, video footage, police reports, and any discrepancies in the official record of the arrest. Your attorney will help gather and present this evidence to strengthen your case.

3. How long do I have to file a wrongful arrest lawsuit in New York?

In New York, the statute of limitations for filing a wrongful arrest lawsuit is generally three years from the date of the arrest. However, if you are filing against a government entity, such as the NYPD, you must first file a notice of claim within 90 days of the incident. Missing these deadlines could affect your ability to pursue compensation.

4. Can I sue the police department or individual officers for my wrongful arrest?

Yes, you can sue both the individual police officers who wrongfully arrested you and the police department that employed them. Your lawsuit may allege that the officers violated your civil rights, and the department may be held liable if it failed to train or supervise its officers properly. Your attorney will help you determine the best course of action.

5. What types of compensation can I recover in a wrongful arrest lawsuit?

In a wrongful arrest lawsuit, you may be entitled to compensation for various damages, including emotional distress, lost wages, damage to your reputation, attorney fees, and in some cases, punitive damages if the police acted egregiously. Compensation aims to restore you for the harm caused by the arrest and its aftermath.