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Section 1983 and Your Right to Sue the NYPD

The Following People Contributed to This Page

Loyda Gomez
Written byLoyda GomezParalegal & Office ManagerB.A.Sc., Political Science & Government, John Jay College of Criminal Justice (CUNY), 22+ years at The Orlow Firm, Bilingual: English and Spanish

Updated: January 20, 2026

When police officers break the law, the system that should protect you becomes the threat. If you or a loved one faced police brutality, false arrest, or NYPD misconduct in Queens, you need a Queens police misconduct lawyer with real experience. At The Orlow Firm, our civil rights attorneys have fought for the rights of injured New Yorkers from our Flushing office for over 40 years.

Call (646) 647-3398 for a free consultation | Se Habla Espanol

New York Police Brutality Attorney | NYC Law Enforcement Abuse Attorney
What's in this video?

The Orlow Firm's attorneys explain how they represent people harmed by police misconduct in New York City, including excessive force, false arrest, and civil rights cases.


Most police misconduct lawsuits rest on one law: 42 U.S.C. Section 1983. This federal civil rights law lets you sue police officers and other officials who violate your rights while on duty. If the officer was acting under police authority when the misconduct happened, Section 1983 applies.

The rights at stake include the Fourth Amendment (protection from unreasonable search, seizure, and excessive force), the Fifth Amendment (due process), and the Fourteenth Amendment (equal protection). You can sue both the officers and the City of New York.

In 2021, NYC became the first major city to ban qualified immunity for NYPD officers in excessive force and illegal search cases. This law (Int. 2220-A) removed a major barrier that had shielded officers from personal liability in city court. It is now easier for people harmed by police to get justice.

Police misconduct claims often use a dual legal strategy. Federal Section 1983 claims carry a three-year deadline. State tort claims against the City must be filed within one year and 90 days under General Municipal Law Section 50-i. Brian Orlow and Adam Orlow are both admitted to the U.S. District Courts for the Eastern and Southern Districts of New York, where federal civil rights claims from Queens are filed. Steven Orlow, the firm's Founder, is a former Assistant District Attorney (Kings County) and former Counsel to the Queens County Executive. He brings insider knowledge of how government entities operate and defend these claims.


Types of Queens Police Misconduct Claims We Handle

Our attorneys represent people across the full range of police misconduct, including:

Excessive Force and Police Brutality

Physical force beyond what is needed during arrests, stops, or encounters. This includes punching, kicking, misuse of tasers, bean bag rounds, and firearms. As experienced NYPD excessive force attorneys in Queens, we recovered $475,000 for a woman shot in the face with a bean bag gun who lost her eye. We also recovered $200,000 for a teenager kicked in the face by an NYPD officer who needed jaw fracture surgery.

Prior results do not guarantee a similar outcome.

False Arrest and Wrongful Arrest

Arrest without probable cause, including cases where officers make up evidence to justify the arrest. As a false arrest lawyer in Queens, we secured $275,000 for a parking attendant who was assaulted and falsely arrested, requiring shoulder surgery.

Prior results do not guarantee a similar outcome.

Malicious Prosecution

Keeping criminal charges going when the person is innocent or the evidence was made up. To bring a malicious prosecution claim, the criminal case must have ended in your favor.

Illegal Search and Seizure

Searches of people, vehicles, or homes without a warrant or valid reason. This includes illegal stop-and-frisk encounters.

Wrongful Conviction

Cases where bad police work led to the conviction of an innocent person. This includes coerced confessions, hidden evidence, and witness tampering.

Failure to Intervene

Officers who see misconduct by fellow officers and fail to stop it can be held personally liable under federal law.

Retaliation

Punishment for using your rights, such as filming police or filing complaints.

In-Custody Abuse

Assaults or denial of medical care while in police custody or jail. We recovered $1.25 million for the family of a diabetic man who died after being denied insulin for 40 hours in custody. We also recovered $400,000 for an inmate sexually assaulted by a corrections officer.

Prior results do not guarantee a similar outcome.

Does The Orlow Firm handle NYC police misconduct cases?
What's in this video?

The Orlow Firm's attorneys explain the types of police misconduct cases the firm handles and how they approach civil rights litigation in New York City.


The CCRB Complaint Process and Why It Is Not Enough

The Civilian Complaint Review Board (CCRB) is New York City's civilian oversight agency for police misconduct. It reviews complaints in four areas: Force, Abuse of Authority, Discourtesy, and Offensive Language (FADO). You can file a CCRB complaint online, by phone (1-800-341-2272 or 311), by mail, in person at any precinct, or via social media.

But filing a CCRB complaint alone will not protect your rights. The data proves it.

Our review of CCRB records shows that Queens residents filed 22,104 complaints against police from 2000 to 2025. Only 6.1% were upheld. The CCRB found the officer at fault in just 1,357 cases out of more than 22,000. Even when misconduct is proven, the results are weak. Our review of penalty data found that 24.6% of proven complaints citywide led to zero penalty from the NYPD. Only 27 officers out of all proven cases were fired, a rate of just 0.2%.

Queens CCRB complaint outcomes chart showing only 6.1 percent of 22,104 police misconduct complaints upheld and 24.6 percent of proven cases receiving zero NYPD penalty

View text version of this infographic

Why a CCRB Complaint Alone Is Not Enough Queens CCRB data, 2000-2025 | 22,104 total complaints analyzed

  • 22,104 complaints filed by Queens residents (2000-2025)
  • 6.1% upheld by CCRB (only 1,357 out of 22,104)
  • 24.6% of proven complaints got zero penalty from the NYPD

What the CCRB Cannot Do:

A civil lawsuit can get you compensation for every harm you suffered.

The CCRB also works under an 18-month window. It can only recommend discipline within 18 months of the misconduct. After that, even proven findings may go unpunished.

A CCRB complaint does not pay you for your injuries, lost wages, or emotional harm. It does not replace filing a Notice of Claim or lawsuit. These are separate tracks. Our attorneys can help you with both the complaint and the civil lawsuit at the same time. We make sure no deadline is missed and every path to justice is pursued.


Queens Police Misconduct by the Numbers

No other Queens law firm has done the research we have. Our analysis of over 22,000 CCRB complaint records shows patterns that every Queens resident should know.

Precincts with the Most Complaints

The 103rd Precinct (Jamaica, Hollis, St. Albans) leads all Queens precincts with 2,709 complaints and 3,841 allegations since 2000. The 113th Precinct (South Jamaica, Springfield Gardens) ranks second with 2,209 complaints. These two precincts alone make up 22.2% of all Queens police misconduct complaints.

Top 5 Queens precincts by CCRB police misconduct complaints 2000 to 2025 bar chart with 103rd Precinct leading at 2,709 complaints

View text version of this infographic

Queens Precincts with the Most CCRB Complaints (2000-2025) Source: NYC Open Data CCRB complaint records, analyzed by The Orlow Firm

  1. 103rd Precinct (Jamaica, Hollis, St. Albans): 2,709 complaints
  2. 113th Precinct (South Jamaica, Springfield Gardens): 2,209 complaints
  3. 114th Precinct (Astoria, Long Island City): 2,013 complaints
  4. 105th Precinct (Queens Village): 1,797 complaints
  5. 101st Precinct (Far Rockaway): 1,726 complaints

The top two precincts alone account for 22.2% of all Queens complaints.

What Types of Misconduct Are Most Common

Abuse of Authority is the most common type, making up 53.1% of all Queens claims (16,257 total). Physical force is the single most reported act, with 6,660 reports. That is more than the next three types combined. Force claims have the lowest proven rate at just 2.7%. Abuse of Authority has the highest at 11.1%.

Who Files Complaints

More than half (51.6%) of Queens complaints involve encounters where no arrest or summons was made. Officers started contact with no criminal basis. Black residents file 42.6% of Queens police misconduct claims despite being roughly 19% of the borough's population per 2020 Census data.

When Misconduct Occurs

Evening hours (6 PM to midnight) account for 33.6% of complaints. 7 PM is the peak hour for reported misconduct.

Trends Over Time

Proven rates have gone up a great deal, from roughly 3.2% between 2000 and 2010 to 11.8% in 2024. Complaints also surged after the pandemic. Queens recorded 864 complaints in 2023, up 47% from the 2021 low of 590.


Critical Deadlines for Queens Police Misconduct Claims

Missing a deadline can destroy your police misconduct case for good. Here are the deadlines you must know:

Police misconduct claim deadlines timeline showing 90-day Notice of Claim, 1 year 90 days state tort lawsuit, and 3 year federal Section 1983 filing periods

View text version of this infographic

Critical Deadlines for Police Misconduct Claims

  1. 90 Days -- Notice of Claim (GML Section 50-e). MOST URGENT DEADLINE.
  2. 1 Year + 90 Days -- State tort lawsuit (GML Section 50-i)
  3. 3 Years -- Federal Section 1983 claim

Do not wait. The 90-day clock starts on the date of the incident. Call (646) 647-3398 for a free consultation.

90-Day Notice of Claim (GML Section 50-e)

You must file a Notice of Claim with the NYC Comptroller's Office within 90 days of the incident. This keeps your state law claims against the City alive. It is the most urgent deadline in any police misconduct case.

One Year and 90 Days (GML Section 50-i)

The deadline to file a state tort lawsuit against the City of New York is one year and 90 days from the date of the incident.

Three Years (42 U.S.C. Section 1983)

Federal civil rights claims have a three-year deadline, based on New York's personal injury law. Even if you miss the 90-day Notice of Claim for state claims, federal claims under Section 1983 may still work. But you lose the right to name the City as a defendant under state law.

The 50-h Hearing

After filing a Notice of Claim, the City can require a hearing (called a 50-h hearing) before a lawsuit is filed. Your testimony at this hearing goes into the case record, so having a lawyer by your side matters.

Courts may allow a late Notice of Claim in certain cases, such as those involving minors, mental incapacity, or reliance on settlement talks. Special tolling rules under CPLR 208 may also apply in cases involving infancy or insanity.

Do not wait. Call The Orlow Firm at (646) 647-3398 right away. The 90-day clock starts on the date of the incident.


Compensation in Queens Police Misconduct Cases

New York City pays hundreds of millions each year to settle police misconduct lawsuits. In 2024, the City paid $205.6 million in police misconduct settlements (Legal Aid Society). In 2025, the City paid over $117 million across 1,044 settlements (Legal Aid Society / ABC7 NY). Since 2018, NYC has paid over $834 million in police misconduct settlements (Legal Aid Society).

If your rights were violated, you may be entitled to:

Economic Damages

Medical bills (ER visits, surgery, rehab, ongoing care), lost wages, and lost earning power from your injuries. This also covers any time spent wrongfully jailed.

Non-Economic Damages

Pain and suffering, emotional distress, shame, loss of enjoyment of life, and PTSD. Even cases without physical injury can lead to large awards for the mental harm of a civil rights violation.

Punitive Damages

These are available against officers in federal Section 1983 claims when conduct is extreme. You cannot get punitive damages against the City of New York in state court. But they are a strong tool to hold officers accountable.

Case value depends on how bad the injuries are, what rights were violated, and how long the harm lasted. It also depends on whether criminal charges were filed, their outcome, and the strength of evidence like video and witness testimony.


What to Do After Police Misconduct in Queens

Acting fast after a police encounter can make your case much stronger:

  1. Seek medical care right away. Go to the nearest ER or urgent care. Have every injury written up, even minor ones. Jamaica Hospital, Queens Hospital Center, and Elmhurst Hospital all treat and document injuries from police encounters.

  2. Write down everything. Record every detail as soon as you can: date, time, location, badge numbers, patrol car numbers, and a detailed account of what happened. Take photos of all visible injuries. Keep the clothing you were wearing.

  3. Get witness information. Collect names and contact details from anyone who saw the encounter. Bystander cell phone video has become key evidence in misconduct cases.

  4. Do not resist or argue at the scene. Protect yourself physically. Legal challenges to the officer's conduct happen later, in a courtroom.

  5. Request body-worn camera footage. NYPD officers must wear body cameras. Our CCRB data review found that only 9.9% of Queens complaints had BWC evidence in the past. Cameras are now on all officers, making this footage key evidence in current cases.

  6. File a CCRB complaint. Call 1-800-341-2272 or file online at nyc.gov/ccrb. This creates a parallel record but does not replace your civil claim.

  7. Contact a police misconduct attorney right away. The 90-day Notice of Claim deadline starts on the date of the incident. If you have a pending criminal case, talk to your criminal defense lawyer before giving statements to the CCRB or Internal Affairs.

Seven steps to take after police misconduct in Queens checklist from seeking medical care to contacting a Queens police misconduct lawyer within 90 days

View text version of this infographic

What to Do After Police Misconduct - 7 Step Checklist

  1. Seek medical care right away -- Go to the nearest ER. Have every injury documented.
  2. Write down everything -- Date, time, badge numbers, patrol car numbers. Take photos.
  3. Get witness information -- Collect names and contact info. Bystander video is key evidence.
  4. Do not resist or argue at the scene -- Protect yourself. Legal challenges happen later in court.
  5. Request body-worn camera footage -- All NYPD officers now wear body cameras. This is key evidence.
  6. File a CCRB complaint -- Call 1-800-341-2272 or file at nyc.gov/ccrb. Does not replace a lawsuit.
  7. Contact a police misconduct attorney -- The 90-day Notice of Claim deadline starts on the date of the incident.

Call (646) 647-3398 for a free consultation.

Call The Orlow Firm at (646) 647-3398 for a free consultation. We can come to you if you cannot come to us. Se Habla Espanol.

False Arrest | New York City False Arrest Attorney
What's in this video?

The Orlow Firm's attorneys discuss what counts as a false arrest under New York law and explain your legal options if you were arrested without probable cause.


Queens Neighborhoods and Precincts We Serve

Our main office at 71-18 Main Street in Flushing has served Queens residents since 1982. Adam Orlow, Managing Partner and former President of the Queens County Bar Association (2023-2024), leads the firm's deep ties to the Queens legal community. We represent clients from every Queens neighborhood, including those in precincts with the most complaints:

  • 103rd Precinct: Jamaica, Hollis, St. Albans (2,709 complaints since 2000)
  • 113th Precinct: South Jamaica, Springfield Gardens (2,209 complaints)
  • 114th Precinct: Astoria, Long Island City (2,013 complaints)
  • 105th Precinct: Queens Village, Cambria Heights, Laurelton (1,797 complaints)
  • 101st Precinct: Far Rockaway (1,726 complaints), very high complaint density for a small, isolated area

We also serve residents of Jackson Heights, Richmond Hill, Ozone Park, Elmhurst, Corona, Kew Gardens, Forest Hills, and Bayside.

State claims are heard at Jamaica Courthouse (88-11 Sutphin Boulevard) and Long Island City Courthouse (25-10 Court Square). Federal Section 1983 claims go to the U.S. District Court for the Eastern District of New York (225 Cadman Plaza East, Brooklyn).

The Orlow Firm also has offices in Manhattan (Chrysler Building), Brooklyn, and the Bronx.

NYC Police Brutality Lawyers in Queens, <a href="/bronx-personal-injury-lawyer" width=Bronx, Brooklyn, Harlem, Manhattan & Staten Island" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>
What's in this video?

The Orlow Firm's attorneys discuss their geographic coverage across New York City boroughs and how they serve police misconduct clients throughout Queens and beyond.


Frequently Asked Questions About Queens Police Misconduct

Can you sue the NYPD for police brutality?

Yes. Under 42 U.S.C. Section 1983, you can sue NYPD officers and the City of New York for rights violations, including excessive force. NYC's 2021 qualified immunity ban removed a key defense for officers in excessive force and illegal search cases, making it easier to hold them personally liable in city court.

How do I file a police misconduct complaint in NYC?

File online at nyc.gov/ccrb, by calling 1-800-341-2272 or 311, by mail, or in person at any NYPD precinct. A CCRB complaint creates an official record but does not replace a civil lawsuit or the 90-day Notice of Claim.

What is the statute of limitations for a police brutality lawsuit in New York?

Federal Section 1983 claims must be filed within three years. State tort claims against the City need a Notice of Claim within 90 days and a lawsuit within one year and 90 days. Missing these deadlines can bar your case for good. Contact an attorney right after any police misconduct.

What is qualified immunity and does it apply in NYC?

Qualified immunity is a legal rule that used to shield officers from personal liability unless they broke "clearly established" rights. In 2021, NYC banned qualified immunity for NYPD officers in excessive force and illegal search cases. This makes New York City one of the best places to bring a police misconduct claim.

How much are police misconduct settlements in NYC?

NYC paid $205.6 million in police misconduct settlements in 2024 and over $834 million since 2018. Case values vary widely based on injury severity, the type of violation, and the strength of proof. Cases with wrongful death, lasting injury, or long wrongful jail time tend to produce the largest payouts.

What if I was not physically injured? Can I still sue?

Yes. You do not need a physical injury to bring a police misconduct claim. Emotional distress, shame, lost wages from wrongful jailing, and rights violations are all types of harm you can recover for. False arrest and illegal search cases often lead to large payouts even with no physical injury.

Does the officer have to be convicted of a crime for me to win a civil lawsuit?

No. Civil lawsuits use a lower standard of proof. You must show it is more likely than not that the officer broke your rights. Criminal cases require proof "beyond a reasonable doubt," which is a much higher bar. You can win a civil case even if the officer was never charged or was found not guilty.

Can undocumented immigrants file police misconduct claims?

Yes. The Fourth and Fourteenth Amendments protect all persons within U.S. borders, no matter their immigration status. Undocumented people have the same right to file Section 1983 claims and seek payment for police misconduct as anyone else. Your immigration status is usually not relevant to the civil claim.


Sources & Official Resources

Federal Laws Cited

  1. 42 U.S.C. Section 1983 -- Civil Action for Deprivation of Rights

New York State Laws Cited

  1. General Municipal Law Section 50-e -- Notice of Claim
  2. General Municipal Law Section 50-i -- Statute of Limitations for Municipal Tort Claims

New York City Laws Cited

  1. NYC Council Int. 2220-A -- Qualified Immunity Ban for NYPD (2021)

NYC Agencies

  1. NYC Civilian Complaint Review Board (CCRB) -- File a Complaint
  2. NYC Comptroller -- Claims Dashboard

Statistics Sources

  1. CCRB Complaint Data -- NYC Open Data
  2. CCRB Allegations Data -- NYC Open Data
  3. CCRB Penalty Data -- NYC Open Data

Helpful Resources

  1. Queens County Bar Association -- Past Presidents

Data Methodology Borough, precinct, and demographic breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. CCRB complaint data (https://data.cityofnewyork.us/resource/2mby-ccnw.json), CCRB allegations data (https://data.cityofnewyork.us/resource/6xgr-kwjq.json), and CCRB penalty data (https://data.cityofnewyork.us/resource/keep-pkmh.json) are published at the individual complaint and allegation level. We aggregated these records to produce the Queens-specific and precinct-level statistics cited above, as city agencies do not publish pre-calculated borough-level breakdowns for all metrics. Population data is from the 2020 U.S. Census.


Contact a Queens Police Misconduct Lawyer Today

If your rights were violated by the NYPD or any officer in Queens, The Orlow Firm is ready to take your case. With over 40 years serving injured New Yorkers from our Flushing office, we bring the experience and federal court skills your case demands.

Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win your case.

Se Habla Espanol | Four NYC office locations | We can come to you

The Following People Contributed to This Page

Loyda Gomez
Written byParalegal & Office ManagerB.A.Sc., Political Science & Government, John Jay College of Criminal Justice (CUNY), 22+ years at The Orlow Firm, Bilingual: English and Spanish

Proven Results

Notable settlements and verdicts secured for our clients

$1,250,000

Man with diabetes died after not receiving insulin while in police custody for 40 hours.

$475,000

Emotionally disturbed woman shot in face by NYPD with bean bag gun, lost her eye.

$275,000

Man assaulted and falsely arrested by NYPD officer at parking garage job, suffering shoulder injury requiring surgery.

$200,000

Teenager kicked in face by NYPD officer, fracturing jaw requiring surgery.

$199,000

Man assaulted by NYPD officers, suffering knee injury requiring surgery.

$150,000

Grandfather assaulted by NYPD officers at family gathering, suffering knee injury requiring surgery.

$150,000

False arrest of probation officer.

$150,000

Man walking down street assaulted by police officers, suffering thumb injury requiring surgery.

$100,000

Woman assaulted by NYPD officer during traffic stop, suffering knee injury.

$98,500

Jail inmate severely injured after being beaten by another inmate.

The Orlow Firm’s Results

Notable settlements and verdicts for our clients

$5,000,000

Infant Lead Poisoning - Foster Home

Infant placed in foster home with lead paint developed extremely elevated blood lead levels causing neurological problems.

Lead Poisoning
1 of 14

Prior results do not guarantee a similar outcome.

Our Reviews on Google

The Orlow Firm’s Reputation On Google

The Orlow Firm is rated 4.9/5 across all of our Google reviews (as of March 2026). Below is a small sample of what people are saying about the firm and the compassionate advocacy we provided for them.

Prior results do not guarantee a similar outcome.

Since I have my accident Brain Orlow and his team Been helping me every step with case They. Are concerned about client Make sure they have good access to doctors appointments And financial support For me i will hire this firm again

Rumdy Lazos

There is no word to describe how happy I’am for choosing Orlow firm to defend me. From the moment I contacted the firm , I know was in good hand. I’am very satisfying with the outcome in my case. If want to win your case without fighting so hard, please contact Orlow firm.

Haoua Guira-Ouedraogo

My experience from beginning to the end regarding my injury was a smooth transition. Both Adam and Brian guided me accordingly with the least amount of stress possible. Whenever I needed to speak to either of them, they were always available. The information being relayed to me by the other party was always straight forward with no uncertainties. They were honest with my settlement and what was expected. I highly recommend this practice. Everyone in the practice has always been professional and courteous. If I were to ever be in a situation again when I need to seek legal counsel for an injury I will certainly be contacting them again. Many thanks to the Orlow Firm.

Krystle Rivera

I’m very thankful because of the Orlow firm won my case , trustable , every time I had a question they would respond. Thank you lawyer Bryan for helping me with my case.

Liz Pavia

From the beginning, they showed genuine concern and work with me. They answered all my questions and addressed my worries. They were always working to get me a decent settlement. Brian, Adam and Tom are the best. I want to thank them and their team for all their help. To them it’s not business because they really showed they care.

Mirlyne Oriental

My experience with the Orlow firm was phenomenal. They were very knowledgeable about my situation very caring very informative I was very comfortable with them because kept me informed every step of the way. They were very respectable non-bias of my feelings or my pain. The Orlow firm commanded excellence from the receptionist to all the office staff they never quit on me they stuck it out to the very end and I appreciated that. I thank God for this firm.

PHYLLIS HAIRSTON

Memberships & Accolades

The Orlow Firm’s Accolades

Founded in 1982, The Orlow Firm has earned many top-level honors for its excellence, compassion, and legal excellence. These recognitions reflect our unwavering commitment to achieving justice, delivering results, and providing compassionate, personalized representation to injury victims in Queens and throughout New York City.

Lawyers.com
Super Lawyers
Justia
Martindale-Hubbell AV Rated

Our Locations

We offer free initial consultations and operate four offices across New York City for your convenience. We can go to you if you cannot come to us.

Queens Office (Main)

71-18 Main Street
Queens, NY 11367 Map

(646) 647-3398

Fax: 718-544-6485

Manhattan Office

(By appointment only)

405 Lexington Ave, 26th Floor
New York, NY 10174 Map

(646) 647-3398

Fax: 718-544-6485

Brooklyn Office

(By appointment only)

32 Court Street
Brooklyn, NY 11201 Map

(646) 647-3398

Fax: 718-544-6485

Bronx Office

(By appointment only)

903 Sheridan Avenue, 2nd Floor
Bronx, NY 10453 Map

(646) 647-3398

Fax: 718-544-6485

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Attorney Advertising Disclaimer
Notice: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Prior results do not guarantee a similar outcome. The Orlow Firm works on a contingent fee basis. A contingent basis means that our attorneys do not charge by consultation but will take a percentage on the amount recovered. This amount is usually one third of the net recovery after disbursement. This means that the cost of hiring The Orlow Firm varies based on the amount recovered.

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