This page explains how civil rights claims against police and correctional authorities work in New York: which law you sue under, who you can name as a defendant, the notice and filing deadlines that apply to each defendant, and the grievance steps a prisoner must complete before a court will hear the case. It is written for people in New York City, Long Island and the rest of New York State who were injured by the NYPD, by officers at Rikers Island or a county jail, or by staff in a New York State prison. If you want detail on excessive force specifically, see our page on police brutality claims in New York City.
Two Ways to Sue: Federal § 1983 Claims and New York Tort Claims
Most New York civil rights cases are pleaded two ways at once. The federal claim is brought under 42 U.S.C. § 1983. The state claim is an ordinary New York tort, such as assault, battery, false imprisonment or negligence, brought against the officer and the government that employs the officer. The two routes have different defendants, different deadlines and different defenses.
42 U.S.C. § 1983: Section 1983 lets you sue a person who, acting under color of state law, deprived you of a right secured by the U.S. Constitution or a federal statute. Police officers and correction officers act under color of state law when they arrest, detain, search or use force. The statute of limitations for a § 1983 claim arising in New York is three years, borrowed from CPLR 214(5). See Owens v. Okure, 488 U.S. 235 (1989). No notice of claim is required for the federal claim; a state cannot impose that condition on a federal cause of action. See Felder v. Casey, 487 U.S. 131 (1988). A prevailing plaintiff can recover attorney's fees under 42 U.S.C. § 1988.
Municipal liability under Monell: A city or county is not liable under § 1983 just because it employs the officer. You must show that an official policy, a widespread custom, a failure to train or supervise, or a decision by a final policymaker caused the violation. Monell v. Department of Social Services, 436 U.S. 658 (1978). A municipality cannot assert qualified immunity. Owen v. City of Independence, 445 U.S. 622 (1980).
Qualified immunity: An individual officer sued under § 1983 can defeat the claim by showing that the right was not clearly established at the time of the conduct. This defense is raised early and often. It does not apply to the New York state-law tort claims pleaded alongside the federal claim, and New York City has barred it as a defense to local claims against NYPD officers for unreasonable searches, seizures and excessive force under Local Law 48 of 2021, codified at Administrative Code § 8-801 and following.
New York state-law torts: Under New York law, an employer is liable for torts its employees commit within the scope of employment. The City of New York can be held directly liable for an officer's battery or false imprisonment without any showing of policy or custom. The price of that advantage is the notice-of-claim procedure described below.
Suing the City of New York: NYPD, Department of Correction and Rikers Island
State-law tort claims against the City of New York, its agencies and its employees are governed by General Municipal Law §§ 50-e and 50-i. These rules apply to NYPD officers, to Department of Correction officers at Rikers Island and the borough jails, and to the City itself.
Notice of claim within 90 days: General Municipal Law § 50-e requires a written notice of claim to be served on the City within 90 days after the claim accrues. The notice must state the nature of the claim, the time, place and manner in which it arose, and the injuries claimed. For a false arrest claim under New York law, the 90 days run from your release from custody. For a malicious prosecution claim, they run from the favorable termination of the criminal case. For an assault during arrest, they run from the date of the assault.
Late notice: If 90 days have passed, a court may grant leave to serve a late notice of claim under § 50-e(5), but the application must be made within one year and 90 days of accrual. After that the state-law claim against the City is gone. The federal § 1983 claim survives for its own three-year period.
The 50-h hearing: After a notice of claim is served, the City may demand a sworn examination under § 50-h. You must appear and answer questions before you can file suit. The transcript can be used against you, so the hearing should be prepared for like a deposition.
One year and 90 days to file suit: General Municipal Law § 50-i requires the lawsuit on the state-law claims to be commenced within one year and 90 days after accrual.
Name the right defendant: The NYPD and the Department of Correction are agencies, not separately suable entities. Under New York City Charter § 396, actions against City agencies are brought in the name of the City of New York. Individual officers are named as well, including "John Doe" officers whose identities are confirmed later through discovery.
Medical care in City jails: Since 2016, medical care at Rikers Island and the other City jails has been provided by Correctional Health Services, a division of NYC Health + Hospitals. Health + Hospitals has its own notice-of-claim requirement under Unconsolidated Laws § 7401(2): 90 days to serve the notice and one year and 90 days to sue. A claim for a missed diagnosis or a delayed hospital transfer at Rikers may need notices served on both the City and Health + Hospitals.
Nassau County, Suffolk County, Westchester County and other counties operate their own police departments and jails. Claims against them follow the same General Municipal Law § 50-e and § 50-i framework, with the notice served on the county.
Suing New York State: DOCCS Prisons and State Police
Claims arising in a state prison run by the Department of Corrections and Community Supervision (DOCCS), or involving the New York State Police, follow different rules from claims against the City.
The State is not a "person" under § 1983: You cannot sue New York State or DOCCS as an agency under § 1983 for damages. Will v. Michigan Department of State Police, 491 U.S. 58 (1989). You can sue the individual correction officers, sergeants, nurses and supervisors in their personal capacities, usually in federal court in the district where the prison sits.
Correction Law § 24: This statute purports to bar damages suits in state court against DOCCS employees for acts within the scope of employment. The U.S. Supreme Court held that § 24 cannot be applied to block § 1983 claims in New York state courts. Haywood v. Drown, 556 U.S. 729 (2009). It still channels state-law tort claims against DOCCS staff into the Court of Claims against the State.
Court of Claims deadlines: Tort claims against the State itself are heard in the New York State Court of Claims under Court of Claims Act § 10. For negligence, such as failure to protect an inmate from a known threat or negligent medical care, a claim or a notice of intention to file a claim must be served within 90 days of accrual; if a notice of intention is served, the claim itself is due within two years. For intentional torts, such as an assault by an officer, the claim or notice of intention is due within 90 days and the claim within one year. Court of Claims Act § 10(6) allows an application for permission to file a late claim within the time that would apply under the CPLR to a similar claim against a private person.
Wrongful conviction claims: Court of Claims Act § 8-b creates a claim against the State for unjust conviction and imprisonment. The claimant must show by clear and convincing evidence that he or she did not commit the crime and did not cause the conviction by his or her own conduct. The claim must be filed within two years after the conviction was vacated, the charges dismissed, or a pardon granted. This claim runs on a separate track from any § 1983 claim against the officers who built the case.
Prisoner Claims: PLRA Exhaustion and the Constitutional Standard
A person who is incarcerated when the lawsuit is filed must satisfy the Prison Litigation Reform Act before a federal court will hear a claim about prison conditions.
Exhaustion of administrative remedies: 42 U.S.C. § 1997e(a) bars a prisoner's federal suit about prison conditions until available administrative remedies have been exhausted. Exhaustion means completing every level of the grievance process, on time, in the way the rules require. A grievance that is filed late, skips a level or omits the complaint later raised in court usually does not count. The only recognized exception is that the remedy was not actually available, for example because staff thwarted the grievance or the process was so opaque that no ordinary prisoner could use it. Ross v. Blake, 578 U.S. 632 (2016).
DOCCS grievance procedure: In state prisons, the Inmate Grievance Program is set out in 7 NYCRR Part 701. The grievance must be filed within 21 calendar days of the incident. An unfavorable decision is appealed to the facility superintendent and then to the Central Office Review Committee (CORC) in Albany. Exhaustion is complete only after CORC rules or the time for it to rule expires. Complaints of staff harassment follow an expedited path to the superintendent under 7 NYCRR 701.8 but still require appeal to CORC.
NYC Department of Correction grievance procedure: In Rikers Island and the City jails, the Inmate Grievance and Request Program (IGRP) sets out the steps and appeal levels. Some categories of complaint, including allegations of assault by staff, are excluded from the IGRP and are referred to investigative units instead. Which complaints are grievable, and what counts as exhaustion for non-grievable complaints, is litigated often in the Southern and Eastern Districts, so the paperwork from the facility should be preserved.
Physical injury requirement: Under 42 U.S.C. § 1997e(e), a prisoner cannot recover damages for mental or emotional injury in federal court without a prior showing of physical injury or a sexual act. This limits, but does not eliminate, claims based on conditions, threats or verbal abuse.
The standard for convicted prisoners: Claims by sentenced prisoners about medical care, safety and conditions arise under the Eighth Amendment. The plaintiff must show a sufficiently serious deprivation, such as an untreated serious medical need, and that the official acted with deliberate indifference, meaning the official actually knew of and disregarded a substantial risk. Estelle v. Gamble, 429 U.S. 97 (1976); Farmer v. Brennan, 511 U.S. 825 (1994).
The standard for pretrial detainees: Most people held at Rikers Island and in county jails have not been convicted. Their claims arise under the Fourteenth Amendment's Due Process Clause. In the Second Circuit, a detainee need not prove the officer's subjective awareness of the risk; it is enough that the officer knew or should have known the condition posed an excessive risk. Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017). Excessive force against a detainee is judged by objective reasonableness. Kingsley v. Hendrickson, 576 U.S. 389 (2015).
The claims we see most often in custody cases are failure to protect an inmate from assault by other inmates after warnings were given, assaults by officers that are then documented as "use of force" against a resisting inmate, delayed or denied medical care for infections, fractures, diabetes and heart conditions, failure to monitor an inmate at known risk of suicide, and pressure injuries in inmates who cannot move themselves. Pressure injuries in custody are analyzed much like they are in a nursing home; see our page on bedsore claims in New York. Head injuries from a beating or a fall in custody are addressed on our page for brain injury claims in New York.
Police Misconduct Claims: Elements and Accrual
Claims against police officers fall into a small number of recognized categories. Each has its own elements and its own accrual date, which controls the 90-day notice period and the limitations period.
Excessive force: Force used during an arrest or investigative stop is judged under the Fourth Amendment's objective reasonableness standard, considering the severity of the suspected crime, whether the person posed an immediate threat, and whether the person was resisting or fleeing. Graham v. Connor, 490 U.S. 386 (1989). The claim accrues on the date of the force. Our page on NYPD excessive force claims covers chokeholds, tasers, firearms and the evidence used to prove these cases.
False arrest and false imprisonment: Under New York law, the plaintiff must show that the defendant intended to confine him, that he was conscious of the confinement, that he did not consent, and that the confinement was not privileged. Broughton v. State of New York, 37 N.Y.2d 451 (1975). Probable cause is a complete defense. The state-law claim accrues on release from custody. The federal § 1983 claim accrues earlier, when the detainee is held pursuant to legal process, usually at arraignment. Wallace v. Kato, 549 U.S. 384 (2007).
Malicious prosecution: The plaintiff must show that the defendant initiated or continued a prosecution without probable cause and with malice, and that the prosecution ended in the plaintiff's favor. For the federal claim, favorable termination requires only that the prosecution ended without a conviction; an acquittal or a dismissal is enough. Thompson v. Clark, 596 U.S. 36 (2022). The claim accrues when the criminal case ends.
Fabrication of evidence: The Second Circuit recognizes a due process claim where an officer fabricates evidence likely to influence a jury, forwards it to prosecutors, and the plaintiff suffers a deprivation of liberty as a result. Falsified arrest reports, planted contraband and coerced statements fall under this heading. Like malicious prosecution, this claim does not accrue until the criminal proceeding ends in the plaintiff's favor.
Federal cases arising in Manhattan, the Bronx, Westchester, Rockland, Putnam, Orange, Dutchess or Sullivan counties are filed in the Southern District of New York. Cases arising in Brooklyn, Queens, Staten Island, Nassau or Suffolk are filed in the Eastern District of New York. A § 1983 claim may also be filed in New York Supreme Court, though the City may remove it to federal court.
CCRB Complaints, Attorney General Investigations and Records
Civilian Complaint Review Board: The CCRB, created by New York City Charter § 440, investigates complaints against NYPD officers for excessive force, abuse of authority, discourtesy, offensive language, untruthful statements and bias-based policing. It can substantiate allegations and recommend discipline. It cannot award damages. Filing a CCRB complaint does not stop the 90-day notice-of-claim clock or the limitations periods. A CCRB complaint is useful because it creates a record close in time to the event and because the investigation file may be obtained for the civil case.
Deaths caused by police: Executive Law § 70-b gives the New York State Attorney General's Office of Special Investigation jurisdiction to investigate any death caused by a police officer or peace officer. The family's civil claim proceeds separately and is subject to the same notice and filing deadlines described above.
Disciplinary records: Civil Rights Law § 50-a, which shielded police and correction officer disciplinary records, was repealed in June 2020. Prior substantiated and unsubstantiated complaints against an officer are now obtainable under the Freedom of Information Law, Public Officers Law Article 6, and in discovery. These records are the usual source of Monell evidence against the City.
Body-worn camera and jail video: NYPD body-worn camera footage, precinct video, and jail surveillance video are retained for limited periods. A written preservation demand should go out as soon as counsel is retained, and footage should be requested under FOIL in parallel with the notice of claim.
Deadline Summary for New York Civil Rights Claims
State-law claim against New York City or a county: notice of claim within 90 days; lawsuit within one year and 90 days (General Municipal Law §§ 50-e, 50-i).
State-law claim against NYC Health + Hospitals for jail medical care: notice of claim within 90 days; lawsuit within one year and 90 days (Unconsolidated Laws § 7401).
Tort claim against New York State in the Court of Claims: claim or notice of intention within 90 days; claim within two years for negligence or one year for intentional torts (Court of Claims Act § 10).
Unjust conviction claim against New York State: two years after vacatur, dismissal or pardon (Court of Claims Act § 8-b).
Federal § 1983 claim against officers or a municipality: three years from accrual; no notice of claim; PLRA exhaustion required if the plaintiff is incarcerated when filing.
Accrual dates differ by claim. A false arrest claim and a malicious prosecution claim arising from the same arrest can have deadlines months or years apart. Treat 90 days from the incident as the working deadline for everything until a lawyer has mapped the specific claims.
What This Page Does Not Cover
Employment discrimination claims under the New York State and New York City Human Rights Laws, and claims arising from abuse in foster care placements supervised by the Administration for Children's Services, follow different filing routes and different deadlines. Foster care claims against ACS are municipal claims subject to General Municipal Law § 50-e, but the accrual rules for minors and the Child Victims Act revival provisions change the analysis. Those matters are outside the scope of this page. If your question concerns one of them, call and we will tell you whether we can take the matter or refer you.
Frequently Asked Questions
How long do I have to sue the NYPD in New York?
For state-law claims against the City of New York and its officers, you must serve a notice of claim within 90 days and file suit within one year and 90 days. For a federal § 1983 claim, you have three years and no notice of claim is required. Because the state-law claim lets you hold the City directly liable without proving a policy or custom, missing the 90-day notice costs you a significant part of the case.
Can I sue Rikers Island for medical neglect?
Rikers Island is not an entity you sue. The defendants are the City of New York, the individual correction officers or supervisors, and, for medical care, NYC Health + Hospitals and the individual Correctional Health Services providers. Notices of claim must be served on the City and on Health + Hospitals within 90 days. If you are still in custody, you must also complete the jail's grievance process before filing a federal claim.
Do I have to file a grievance before suing a New York State prison?
Yes, if you are incarcerated when the suit is filed and the claim concerns prison conditions, including medical care, force by officers and failure to protect. The grievance must be filed within 21 days under 7 NYCRR Part 701 and appealed through the superintendent to CORC. Suits filed without completing this process are dismissed, and by the time of dismissal the grievance deadline has usually passed.
Does filing a CCRB complaint protect my deadlines?
No. The CCRB process is separate from a civil lawsuit. The 90-day notice-of-claim period and the one-year-and-90-day and three-year limitations periods continue to run while the CCRB investigates.
Can I sue if the criminal charges against me are still pending?
An excessive force claim can be brought while charges are pending, though courts sometimes stay the civil case. A malicious prosecution or fabricated evidence claim cannot be brought until the criminal case ends in your favor, and it does not accrue until then. A notice of claim for the state-law false arrest claim, however, must still be served within 90 days of your release from custody, even if the criminal case is ongoing.
Who pays if I win against an individual NYPD officer?
Under General Municipal Law § 50-k, the City of New York generally defends and indemnifies its employees for conduct within the scope of employment, so a judgment against an officer is paid by the City in most cases. Indemnification can be denied for conduct found to be intentional wrongdoing outside the scope of duty.
Talk to Us
Albert Goodwin is a New York attorney whose practice includes claims against police and correctional authorities on behalf of injured people and the families of people who died in custody. You can read about his background on the About Albert Goodwin page. Civil rights cases against the City and the State are usually handled on a contingency basis, and § 1988 permits recovery of attorney's fees from the defendants in a successful federal claim.
If you or a family member was injured by police or in a jail or prison in New York, call 212-233-1233 or email [email protected]. Because the 90-day notice period is short, call as soon as you can. We represent clients in all five boroughs of New York City (Manhattan, Brooklyn, Queens, the Bronx and Staten Island), on Long Island, and throughout New York State.
