FAQ

You may have a case if a police officer, jail officer or other government official violated your constitutional rights - for example by using excessive force, arresting you without probable cause, bringing a case against you without cause, or treating you differently because of your race - and you were harmed. The surest way to know is a free, confidential consultation.

Yes. A federal law, 42 U.S.C. 1983, and the New Jersey Civil Rights Act let you sue officers who violate your constitutional rights. Officers often raise a defense called qualified immunity, which is one reason experience with these cases matters. See how civil rights cases work.

Sometimes. A town can be held responsible when the violation came from its policy or custom, or from its failure to train, supervise or discipline its officers. These are called Monell claims, after the Supreme Court case Monell v. Department of Social Services.

State-law claims against a New Jersey town, county or state agency generally require a written notice of claim within 90 days. Federal civil rights claims under 42 U.S.C. 1983 generally must be filed within two years. Some deadlines start on the day of the incident; for malicious prosecution, the clock generally starts when the case against you ends in your favor. Call as soon as you can.

Before suing a New Jersey public entity or public employee on state-law claims, you generally must file a written notice of claim with the entity within 90 days. Missing it can bar those claims. Federal civil rights claims under section 1983 do not require this notice, but they have their own deadline.

The first consultation is free. We will explain our fee arrangement clearly before you decide to hire us.

Anything you have: photos and video, medical records and bills, the names and badge numbers of officers, the names of witnesses, any papers police or a court gave you, and your own written notes. If you don’t have these, call anyway - we can help you get them.

Ask quickly: footage is not kept forever, and outside cameras are often recorded over within days. A lawyer can send a letter asking for every recording to be preserved, request records under New Jersey’s Open Public Records Act, and obtain footage in the lawsuit. See body-camera footage.

You can. New Jersey police departments must accept complaints about officers from anyone, including anonymous complaints. But what you say in an internal affairs interview can be used later, so speak to a lawyer first.

Depending on the case: medical costs, lost income, pain and suffering and emotional distress, in some cases punitive damages against the officers involved, and - in successful federal civil rights cases - your attorney’s fees.

The Attorney General’s Office investigates every death during an encounter with law enforcement, and a grand jury decides whether to charge the officers. Separately, the family may have a wrongful death and civil rights claim. Those deadlines keep running during the investigation. See the Police Accountability Tracker.

You may file a complaint with the New Jersey Division on Civil Rights within 180 days, or in the Superior Court of New Jersey within two years. Filing in court means you cannot pursue the same complaint at the Division at the same time. See where to file.

Yes. The firm handles civil rights cases throughout New Jersey, with offices in Jersey City and Newark, and has an office in New York City.

Many civil rights cases settle, but we prepare every case as if it will be tried. Whether to settle is always your decision.

Yes. What you tell us in a consultation is confidential, even if you decide not to hire us.

A successful malicious prosecution claim requires: beginning or continuing a criminal or civil legal proceeding; believing in the allegations without any reasonable grounds; and the proceeding ending in favor of the person who was prosecuted or sued. See malicious prosecution.