By Kawan Lovelace | Civil Rights Attorney | Former NYPD Detective | Lovelace Law PLLC, Long Island City, NY | Admitted in New York State
If you want to sue the NYPD in NYC, understanding the deadlines is the single most important step — and missing even one can permanently end your case before it begins. It is the most important question in any civil rights case — and missing even one deadline can permanently end your case before it begins.
As a false arrest attorney in NYC, the most heartbreaking calls I receive are from people with strong cases who waited too long. This guide exists so that does not happen to you.
The 90-Day Notice of Claim — Your Most Critical Deadline
Under New York General Municipal Law Section 50-e, before you can sue the City of New York, the NYPD, or any NYC government employee, you must file a formal Notice of Claim within 90 days of the incident.
This is not the lawsuit itself. It is a legal document notifying the city of your intent to sue. But missing it permanently bars your lawsuit — no matter how strong your evidence is.
For false arrest: the 90-day clock starts on the date of the arrest. For malicious prosecution: the 90-day clock starts on the date your case is dismissed or terminated in your favor.
This distinction matters. If you were arrested six months ago and your case was just dismissed last week — you may still be within the 90-day window for a malicious prosecution claim even if your false arrest window has passed.
Complete Deadline Guide for Suing the NYPD in NYC
| Claim Type | Notice of Claim Deadline | Lawsuit Filing Deadline |
| False arrest (state court) | 90 days from arrest | 1 year + 90 days from arrest |
| Malicious prosecution (state) | 90 days from dismissal | 1 year + 90 days from dismissal |
| Excessive force / police brutality | 90 days from incident | 1 year + 90 days from incident |
| Federal Section 1983 claim | No Notice of Claim required | 3 years from incident |
| Illegal search and seizure | 90 days from incident | 1 year + 90 days from incident |
Why 90 Days Goes Faster Than You Think
Most people spend the first month after a false arrest recovering emotionally, talking to family, and trying to understand what happened. By the time they start looking for an attorney they may already be at day 60 or 70.
Then factor in finding the right attorney, scheduling a consultation, and gathering documents — and suddenly you are at day 85 with a Notice of Claim that needs to be perfect.
Do not wait. Call a false arrest attorney in NYC the week it happens.
What Is a Notice of Claim?
A Notice of Claim is a formal legal document filed with the NYC Office of the Comptroller. It must include:
- Your name and address
- The nature of the claim (false arrest, excessive force, etc.)
- The date, time, and location of the incident
- A description of what happened
- The injuries and damages you suffered
- The amount of compensation you are seeking
If the Notice of Claim is incomplete, filed in the wrong place, or filed even one day late — your case can be dismissed. I handle this for every client from day one.
What Happens After the Notice of Claim?
- 50-H Hearing — The City of New York requires you to testify under oath about the incident before the lawsuit is filed.
- Investigation period — The city has time to investigate your claim.
- Lawsuit filed — In state or federal court depending on your claims.
- Discovery and settlement — Most NYC civil rights cases settle before trial.
Can You File Late?
In rare circumstances a court may grant permission to file a late Notice of Claim. You must show the city had actual notice within 90 days and was not prejudiced by the delay. Late filing applications are difficult and not guaranteed. Do not count on this. File on time.
Frequently Asked Questions
What is the statute of limitations for suing the NYPD in New York? For state court claims, you must file a Notice of Claim within 90 days and a lawsuit within 1 year and 90 days. For federal Section 1983 claims, you have 3 years with no Notice of Claim required.
Does the 90-day clock start from the arrest or the dismissal? For false arrest it starts from the arrest. For malicious prosecution it starts from when your case was dismissed or terminated in your favor.
What if I missed the 90-day deadline? Contact a civil rights attorney immediately. In limited circumstances a court may allow a late filing, but it is not guaranteed.
Who is Kawan Lovelace? Kawan Lovelace is a civil rights attorney and former NYPD detective admitted in New York State. He founded Lovelace Law PLLC in 2021 in Long Island City and represents victims of false arrest and civil rights violations across New York City.
Contact Lovelace Law PLLC
Kawan Lovelace | False Arrest Attorney NYC | Lovelace Law PLLC 28-07 Jackson Ave, Long Island City, NY 11101 📞 (718) 662-8265 | lovelacelaw.net Free consultation. No fees unless we win.
