Every year, New Yorkers who have legitimate civil rights claims against the NYPD — claims worth real money — lose the right to bring those claims because they waited too long. Not because the case wasn't good. Not because the law didn't protect them. Because a clock ran out and nobody warned them.
This article explains exactly what those clocks are, when they start, and what happens if you miss them.
There Are Two Separate Deadlines — and They Are Different
Most people don't know this. Most people think of a lawsuit as a single event with a single deadline. In New York City civil rights cases against the police, there are two different legal tracks with two different deadlines, and missing either one has serious consequences.
Deadline #1: The Notice of Claim — 90 Days
If you want to sue New York City in state court — naming the City, the Police Department, or any city employee acting in their official capacity — you are required by law to first file a formal document called a Notice of Claim.
The Notice of Claim is not your lawsuit. It is a formal notification to the City that you intend to bring a claim. It must be filed with the NYC Comptroller's Office within 90 days of the date of the incident.
Read that again: 90 days. Not 90 business days. 90 calendar days from the date the police beat you, falsely arrested you, or violated your rights.
If you miss this deadline, you lose the right to name the City as a defendant in state court. That is a significant loss, because it means you can no longer hold the City itself accountable under state law — you can only pursue individual officers.
Claims against a NYC government agency require filing a Notice of Claim within 90 days of the incident, and the lawsuit itself must be filed within 1 year and 90 days.
Deadline #2: The Federal §1983 Lawsuit — 3 Years
The good news is that federal civil rights law gives you more time. Under 42 U.S.C. §1983 — the federal statute that allows you to sue police officers and the City for constitutional violations — you generally have 3 years from the date your rights were violated to file your lawsuit in federal court.
Federal §1983 claims do not require a Notice of Claim. This means that even if the 90-day window has closed, you may still have a viable federal case.
This is an important distinction. Many people believe that missing the Notice of Claim deadline means they have no case. That is wrong. You may have lost your state law claims, but your federal claims — which are often more powerful — may still be alive.
When Does the Clock Start?
The clock starts on the date of the incident — the date you were beaten, falsely arrested, or had your rights violated.
There are limited circumstances that can pause the clock. These include cases involving minors (under 18), mental incapacity, and in some cases where the victim didn't know and couldn't have known about the violation. These exceptions are narrow and require careful legal analysis.
Do not assume you qualify for an exception. Assume the clock started the day the incident occurred and act accordingly.
The 50-h Hearing
After a Notice of Claim is filed, the City has the right to require what is called a "50-h hearing" — essentially a sworn examination of the claimant — before any lawsuit is filed. Your testimony at this hearing goes into the case record, so having a lawyer by your side matters. Everything you say under oath can and will be used at trial. This is not a hearing you want to navigate alone.
Why Acting Early Is Not Just About Deadlines
Time doesn't just affect legal filings — it affects evidence. Video footage from body cameras, surveillance cameras, and bystanders gets overwritten or deleted. Witnesses move or forget. Injuries heal and photographs become less compelling. Medical records become harder to obtain.
The strongest civil rights cases are built immediately after the incident. Every week you wait is a week your evidence gets weaker.
A Note on Criminal Charges Running Alongside a Civil Claim
One of the most common scenarios in New York City is a person who is both beaten by police AND charged with a crime — often resisting arrest, disorderly conduct, or assault on a police officer. These are frequently trumped-up charges used to justify the force.
Having a criminal defense attorney who also handles civil rights cases is a significant advantage in this situation. The two cases inform each other. A dismissal of the criminal charges strengthens the civil case. Evidence developed for the criminal defense can power the civil lawsuit.
Use Our Free Deadline Calculator
Not sure where your deadlines stand? Use our free NYC Civil Rights Deadline Calculator at kfslawfirm.com/civil-rights-litigation. Enter the date of the incident and find out exactly how much time you have left on both clocks.
Don't Let the Clock Run Out
If you believe your rights were violated by the NYPD or any New York City government official, call the Law Offices of Kenneth F. Smith now at (646) 450-9354. Free consultation. I will assess your claims and your deadlines in a single call — at no charge.
