September 21, 2012
The New York City Police Department ("NYPD") is charged with protecting the great city we live in. As a general rule, the police department does a fine job of serving and protecting the City; however, when an individual who is arrested feels wronged as a result of the arrest, they may be able to bring a civil case to remedy the wrong. Most of these cases are brought in Federal Court and available causes of action include excessive force, malicious prosecution and false arrest. Following arrest, an individual who is released from Central Booking without seeing a judge will likely a cause of action for false arrest. If your case is subsequently dismissed after appearing in court following your arrest, you will likely have causes of action for both false arrest and malicious prosecution.
But what about when you are charged with a violation or a crime, and then your case is ACD or Adjourned in Contemplation of Dismissal? Do you still have a right to pursue a civil case for money damages against the City of New York and the NYPD? Most of the time, even if you accept an ACD, you DO NOT give up your right to sue the police for false arrest or false imprisonment. Accepting an ACD is not an admission of guilt.
If you were arrested and the criminal proceeding brought against you was resolved in your favor, dismissed, or you accepted an ACD, you may have the right to sue. Contact a false arrest lawyer to discuss whether such a case is viable.
To view a copy of a False Arrest lawsuit filed by the firm on December 28, 2012, click this link -https://www.mjrlaw-ny.com/documents/12-12-28-Yusuf-Smith-Complaint.pdf