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Notice of Claim
You have a year and a half from the date of your arrest to sue the City for violating your civil rights. You do not have to do anything before then to sue the City for violating your civil rights under the Constitution of the United States of America. However, in order to sue the City of New York for violations of your rights under the New York State Constitution, you have to put the City on notice by serving the City, through its Comptroller, with a Notice of Claim within ninety (90) days of the date of your injury (arrest).
You should consider filing a Notice of Claim even if you are not sure whether you are going to actually file a lawsuit down the road, because failure to file a Notice of Claim will bar you from raising claims that the City violated your rights under the New York State Constitution.
Once you serve the Notice of Claim, pursuant to New York State General Municipal law Section 50-h, the City has the right to send you (or your attorney) a notice that it in intends to orally examine you under oath relative to the occurrence and extent of your injuries.
Once you receive this notice from the City, you (and your attorney) must appear at the hearing, or request an adjournment. The testimony the City takes at the hearing can be used to impeach (or contradict) testimony that you give in any other proceeding (such as your criminal prosecution or your subsequent civil suit, if you have one).
You should always consult with an attorney before filing a Notice of Claim. The draft Notice of Claim we are providing includes language that may or may not fit your particular situation, and you will be asked to explain how, and why, the City violated each of the rights you allege were violated in your Notice of Claim.
Additionally, if you file a Notice of Claim, unless you intend to file a lawsuit pro se (acting as your own lawyer), you should be prepared to hire an attorney to prepare you for your 50-h hearing and attend the hearing with you.
Failing to file a Notice of Claim will not , under any circumstances, affect your right to sue the City for violating your rights under the Constitution of the United States of America.