What to Do When Your Civil Rights Are Violated by Police

When walking through Washington Square Park on a crisp autumn evening or rushing to catch the subway at Times Square, the last thing any New Yorker expects is to have their constitutional rights violated by police. Yet these incidents can happen in our city, often when least expected—whether during a peaceful protest in Union Square, a routine traffic stop along the FDR Drive, or even a simple misunderstanding at a bodega in the Bronx.

At Sivin, Miller & Roche LLP, we understand that knowing what to do when police violate your civil rights can make all the difference in protecting yourself and seeking justice. This guide provides crucial information for New Yorkers navigating this difficult situation.

Understanding Your Civil Rights in Police Interactions

Before discussing what to do when police violate your civil rights, it’s important to understand what these rights actually entail. The U.S. Constitution—particularly the Fourth, Fifth, and Fourteenth Amendments—protects citizens from various forms of police misconduct.

These protections include:

• Freedom from unreasonable searches and seizures
• The right to remain silent and avoid self-incrimination
• The right to legal representation
• Equal protection under the law regardless of race, ethnicity, or other protected characteristics
• Protection from excessive force

In New York City specifically, the Right to Know Act provides additional protections, requiring NYPD officers to identify themselves, explain the reason for the interaction, and in many cases, obtain consent before conducting searches.

What to Do When Your Civil Rights Are Violated by Police

If you believe you’ve experienced a civil rights violation by police—whether it happened near Central Park, along the Brooklyn waterfront, or in the busy streets of Midtown—taking prompt action is crucial.

Remain Calm and Compliant (But Assert Your Rights)

When interacting with police officers who may be violating your rights, staying calm is paramount. Becoming confrontational may escalate the situation and potentially lead to additional charges like resisting arrest or obstruction of justice.

However, remaining calm doesn’t mean surrendering your rights. You can—and should—respectfully assert your constitutional protections by:

• Clearly stating: “I do not consent to this search”
• Informing officers: “I am exercising my right to remain silent”
• Requesting: “I want to speak with an attorney”

Many New Yorkers find themselves in situations where they must balance compliance with self-protection, whether on the subway platform at Grand Central or outside a venue in the Lower East Side.

Document Everything

Documentation is critical when your civil rights are violated by police. If possible:

• Note badge numbers and names of officers involved
• Remember or write down the time, date, and exact location (e.g., “Corner of West 125th Street and Malcolm X Boulevard”)
• Observe any witnesses who might have seen the interaction
• Remember specific details about what was said and done

In New York City, where surveillance cameras are ubiquitous, also take note of nearby businesses or traffic cameras that might have captured the incident.

Seek Medical Attention If Necessary

If you’ve been injured during a police encounter—whether it happened in Prospect Park, Times Square, or outside your apartment in Queens—seek medical attention immediately. Hospital records serve as critical documentation of your injuries and can be valuable evidence if you pursue legal action.

New York has numerous hospitals and urgent care facilities, including NYC Health + Hospitals/Bellevue, NewYork-Presbyterian, and Mount Sinai, where you can receive treatment while creating an official medical record of any injuries sustained.

Contact a Civil Rights Lawyer

Reaching out to a civil rights lawyer in NYC as soon as possible after an incident is vital. An attorney can provide immediate guidance on preserving evidence, advise you on interactions with authorities, and begin building your case while details are fresh. Many law firms, including Sivin, Miller & Roche LLP, offer consultations to discuss what to do when your civil rights are violated by police.

File a Complaint

Filing an official complaint creates a record of the incident. In New York City, you can file complaints with:

• The Civilian Complaint Review Board (CCRB), which investigates allegations of police misconduct
• The NYPD’s Internal Affairs Bureau
• The New York State Attorney General’s Office

When filing these complaints, be thorough and specific about how your civil rights were violated by police.

Legal Remedies When Your Civil Rights Are Violated by Police

After taking immediate actions, consulting with a civil rights lawyer in NYC is an essential next step. Legal remedies may include:

Federal Civil Rights Lawsuits

Under Section 1983 of the Civil Rights Act, individuals can sue government officials, including police officers, who violate their constitutional rights. These lawsuits can seek compensation for:

• Physical injuries and medical expenses
• Emotional distress
• Loss of income
• Punitive damages (in cases of especially egregious conduct)

State Law Claims

In addition to federal claims, New York state law provides avenues for legal action, including:

• Claims for assault and battery
• False arrest and imprisonment
• Malicious prosecution
• Intentional infliction of emotional distress

Class Action Lawsuits

When civil rights violations affect many people—such as during protests in Union Square or systematic issues affecting particular neighborhoods like East Harlem or Bedford-Stuyvesant—class action lawsuits might be appropriate.

How a Civil Rights Lawyer Can Help Protect Your Rights

At Sivin, Miller & Roche LLP, we understand that facing civil rights violations can be overwhelming, especially when they involve police misconduct in New York City. A civil rights lawyer in NYC can provide crucial guidance and advocacy throughout your case.

• Legal Assessment: A thorough evaluation of your situation to determine if your civil rights were violated by police and what legal options are available to you.
• Evidence Collection: Assistance gathering and preserving crucial evidence such as surveillance footage from Times Square cameras, medical records from NYC Health + Hospitals, or witness statements from Manhattan residents.
• Filing Deadlines: Management of critical timelines, including the 90-day notice of claim requirement when pursuing action against the NYPD or other NYC government entities.
• Complaint Filing: Preparation and submission of formal complaints to appropriate agencies, including the Civilian Complaint Review Board in Lower Manhattan or the NYPD’s Internal Affairs Bureau.
• Constitutional Expertise: Application of Fourth Amendment protections against unreasonable searches while walking through Central Park or Fifth Amendment rights during questioning at a Brooklyn precinct.
• Navigating Immunity Challenges: Strategic approaches to overcome qualified immunity defenses often used by police officers operating in neighborhoods from Harlem to the Financial District.
• Settlement Negotiations: Skilled representation during discussions with city attorneys to secure fair compensation without the stress of a full trial.
• Courtroom Advocacy: Powerful representation if your case proceeds to trial in federal courthouses in Foley Square or state courts throughout the five boroughs.
• Documentation Support: Assistance organizing and maintaining records of all interactions, medical treatments at facilities like Mount Sinai, and correspondence related to your case.
• Community Resources: Connections to support services throughout NYC, from advocacy organizations in Washington Heights to mental health providers in Park Slope.
• Policy Advocacy: Work beyond your individual case to address systemic issues in departments serving diverse communities from Riverdale to Red Hook.
• Civil Rights Education: Information about your specific rights during police encounters on the High Line, in the subway system, or at public demonstrations in Union Square.

When your civil rights are violated by police, having a dedicated civil rights lawyer in NYC can make the difference between justice served and rights ignored. At Sivin, Miller & Roche LLP, we stand ready to protect New Yorkers’ constitutional freedoms and hold law enforcement accountable across all five boroughs.

Challenges in Civil Rights Cases Against Police

When pursuing legal action after your civil rights are violated by police, be prepared for certain challenges:

Qualified Immunity

Police officers are often protected by qualified immunity, which shields government officials from liability unless they violated “clearly established” legal rights. Overcoming this defense requires showing that the officer’s actions violated rights that a reasonable person would have understood.

Code of Silence

Law enforcement agencies sometimes exhibit a “blue wall of silence,” making it difficult to obtain testimony from other officers who witnessed misconduct. This challenge makes independent evidence—like video footage from security cameras on the High Line or along Broadway—even more valuable.

Public Perception

Cases involving police can become highly publicized in New York media outlets, from the New York Times to local networks like NY1. This attention can affect both public opinion and potential jury pools.

Preventing Future Civil Rights Violations

While understanding what to do when police violate your civil rights is essential, prevention and systemic change are equally important. Consider:

Know Your Rights Programs

Organizations throughout New York City, from the New York Civil Liberties Union to community-based groups in neighborhoods like Sunset Park and Harlem, offer “Know Your Rights” workshops that educate citizens about their constitutional protections.

Police Reform Advocacy

Supporting police reform initiatives, such as those focused on improved training, accountability measures, and community policing strategies, can help reduce instances of civil rights violations across the five boroughs.

Community Oversight

Participating in community oversight efforts, such as attending precinct council meetings in your neighborhood, whether it’s the 75th Precinct in East New York or the 19th Precinct on the Upper East Side, can help ensure police accountability.

Technology and Civil Rights

In today’s digital age, technology plays an increasingly important role in documenting what to do when police violate your civil rights:

Smartphone Recording

Apps designed specifically for recording police encounters can automatically upload footage to secure servers, preventing deletion if your phone is confiscated or damaged. While recording police in public is legal in New York, do so in a way that doesn’t interfere with police activities.

Body Cameras

The NYPD’s body-worn camera program can provide crucial evidence in civil rights cases. Requesting this footage promptly through proper channels is important, as retention policies limit how long it’s kept.

Social Media

While social media can be valuable for raising awareness about civil rights violations, be cautious about posting details that might affect your legal case. Consult with a civil rights lawyer in NYC before sharing information online.

Take the First Step Toward Justice Today

If you’ve experienced a civil rights violation by police anywhere in the five boroughs, don’t face it alone. Our team at Sivin, Miller & Roche LLP is ready to evaluate your case, explain your options, and fight for the justice you deserve. Contact us to schedule a confidential consultation and learn how we can help protect your rights as a New Yorker.