Albany Civil Rights Lawyer

Civil rights laws protect people in Albany from abuses of power by police officers, correction officers, and other government officials. When those rights are violated, the consequences can affect nearly every part of a person’s life. Victims may suffer physical injuries, emotional trauma, financial losses, damage to their reputation, or loss of freedom. Civil rights claims in Albany may involve police brutality, false arrest, illegal searches and seizures, excessive force, malicious prosecution, racial profiling, and abuse in jails or prisons. These cases are often brought under federal law, including 42 U.S.C. § 1983, as well as New York state law. If you or someone you care about suffered serious injuries or other harm because of police or correction officer misconduct or another violation of constitutional rights, an experienced Albany civil rights lawyer can investigate what happened, work to preserve evidence, identify the people or government entities that may be responsible, and pursue compensation on your behalf.

The experienced Albany civil rights lawyers at Stephen Bilkis & Associates are committed to helping people who have been harmed by police misconduct, correction officer abuse, and other civil rights violations. We handle high-stakes police misconduct and constitutional violation claims. We understand how difficult it can be to take legal action against law enforcement or another government agency, and we are prepared to fight for the compensation and accountability our clients deserve.

The firm is led by Stephen Bilkis, who was named a Super Lawyer by SuperLawyers.com, is rated Excellent by Avvo, and is a 10/10 Top-Rated Lawyer by Justia. Stephen is also listed among the best lawyers in New York by Expertise.com and TopLawyer.com. If you or a loved one suffered serious injuries, loss of freedom, or other harm because of police misconduct, correction officer abuse, or another violation of constitutional rights in Albany, our experienced Albany civil rights lawyer can investigate what happened, preserve evidence, identify the individuals and government entities that may be responsible, and pursue compensation on your behalf.

What Is Considered a Violation of Your Civil Rights?

A civil rights violation occurs when a government official or agency unlawfully interferes with rights protected by the U.S. Constitution or other federal or state laws. In Albany, we see these violations arise during arrests, traffic stops, searches, and while people are being held in jails or prisons. Our position is simple: police officers, correction officers, and other government officials have limits on their authority, and they must respect the rights of the people they encounter.

For example, your civil rights may be violated if:

• Police use excessive force during an arrest or traffic stop. Police officers in Albany are allowed to use reasonable force when necessary to make an arrest or protect themselves or others. However, there are limits. If an officer punches, kicks, chokes, uses a Taser, or otherwise uses tactics that result in serious injury to someone when that level of force was not necessary, the person who was injured may have grounds for a civil rights claim.  
• You are arrested or detained without sufficient legal justification. Police generally need probable cause to make an arrest. They may temporarily stop someone based on the lower standard of reasonable suspicion in certain circumstances, but they cannot arrest or detain a person without the level of legal justification required for that particular encounter.  
• Police illegally search your home, car, phone, or personal belongings. Police and other government officials cannot search you or your property whenever they want. If someone in Albany has their home, car, phone, personal belongings, or body searched without a legal reason, the search may violate their constitutional rights.  
• You are targeted or treated differently because of your race or another protected characteristic. Police and other government officials cannot single you out or treat you unfairly because of your race, ethnicity, religion, sex, or another characteristic protected by law. Discriminatory treatment by a government official may violate your civil rights. 
• Evidence is fabricated or improperly withheld, resulting in an unfair criminal proceeding. You have the right to a fair legal process. If government officials make up evidence, alter evidence, or improperly keep important evidence from you that could affect your defense, your civil rights may have been violated. 
• A correction officer physically or sexually abuses you while you are in custody. Being held at the Albany County Correctional Facility or another correctional facility does not give correction officers the right to abuse you. Physical assaults, sexual abuse, and other serious mistreatment by correctional staff may violate your constitutional rights. 
• Jail or prison staff ignore a serious threat to your safety. People held at the Albany County Correctional Facility depend on correctional staff to take reasonable steps to protect them from known dangers, including threats from other people in custody. If staff know that you face a serious risk of violence and fail to take reasonable steps to protect you, you may have grounds for a civil rights claim.
• You are denied necessary medical or mental health care while incarcerated. Jail and prison staff cannot simply ignore serious medical or mental health needs. Delaying or denying necessary treatment can cause a person’s condition to become much worse and, in some cases, may violate their constitutional rights. 
• A government official retaliates against you for exercising a protected constitutional right. Government officials generally cannot punish you for exercising rights protected by the Constitution, such as making certain complaints or speaking out about government misconduct. If you suffer retaliation because you exercised a protected right, you may be able to pursue a civil rights claim.

One of the clearest examples of a civil rights violation is police using more force than necessary. Police officers in Albany can use reasonable force to make an arrest or protect themselves or others, but there are limits. An officer who continues punching, kicking, choking, using a Taser, or otherwise hurting someone who has already been restrained and no longer poses a threat may have crossed that line.

In Henry v. Albany Police Department, No. 1:10-CV-39 (NAM/DRH) (N.D.N.Y. Dec. 7, 2011), Craig Henry alleged that Albany Police Officer Scott Gavigan and Albany County Sheriff’s Investigator Eugene Duda used excessive force while arresting him. Henry alleged that the officers swept him off his feet and that Duda stomped on his ankle, causing it to break. Chief U.S. District Judge Norman A. Mordue denied the defendants’ motions for summary judgment on the excessive-force claim, finding factual disputes that could not be resolved at that stage of the case.

If someone came to us after being seriously injured by police in Albany, we would investigate what happened rather than simply rely on the police report. We would seek body-camera and surveillance footage, medical records, photographs, witness statements, and other evidence that could show how much force was used and if it was necessary. Our experienced Albany civil rights lawyers would also move quickly to preserve evidence that could otherwise be lost or deleted.

What Laws Protect People From Civil Rights Violations in Albany?

You do not need to know which law was violated before contacting a lawyer. If you were injured, mistreated, wrongfully detained, or otherwise harmed by a government official in Albany, we can look at what happened and determine which federal or New York laws may apply.

Many civil rights lawsuits are brought under 42 U.S.C. § 1983. This federal law allows people to sue state and local government officials for certain violations of rights protected by the U.S. Constitution and federal law. Depending on what happened, those rights may come from:

• Fourth Amendment, which protects against unreasonable searches and seizures and excessive force in certain encounters with police. 
• Eighth Amendment, which protects convicted prisoners from cruel and unusual punishment. 
• Fourteenth Amendment, which protects due process and equal protection and provides important protections for people being held before trial. 
• First Amendment, which protects freedom of speech and other rights and may apply when a government official retaliates against someone for exercising a protected right. 

New York law may provide additional protections. In some cases, the same incident can lead to both federal and state claims.

If someone came to us after a possible civil rights violation in Albany, we would not expect them to figure out which amendment, statute, or legal theory applies. Our experienced Albany civil rights lawyers would review what happened, determine which laws apply, identify who may be responsible, and build a case based on the evidence.

How Much Is a Civil Rights Violation Worth?

There is no set dollar amount for a civil rights violation. Two people may experience similar misconduct but suffer very different consequences. When we look at the value of a civil rights case, we consider what happened to our client, how serious the harm was, and how the incident has affected their life.

Compensation may include:

• Medical expenses. If you were physically injured, you may be able to recover the cost of emergency care, hospital stays, surgery, medication, rehabilitation, and other treatment related to your injuries. 
• Future medical care. Serious injuries may require treatment long after a civil rights case begins. Compensation may include the expected cost of future surgery, therapy, medication, rehabilitation, or other necessary care. 
• Lost income. If your injuries or the incident kept you from working, you may be able to recover the income you lost. If you are unable to return to the same type of work or your ability to earn money has been permanently affected, future lost income may also be considered. 
• Pain and suffering. Compensation may be available for the physical pain and limitations caused by your injuries, including how those injuries interfere with your everyday activities. 
• Emotional and psychological harm. A violent encounter with police, abuse while incarcerated, or being wrongfully deprived of your freedom can have effects that last long after the incident. Compensation may account for anxiety, depression, PTSD, humiliation, fear, sleep problems, and other emotional harm. 
• Loss of freedom. If you were unlawfully arrested, detained, or incarcerated, the amount of time you lost your freedom and the effect that experience had on your life may be considered when determining compensation. 
• Punitive damages. In some civil rights cases involving particularly serious or intentional misconduct, punitive damages may be available against an individual government official. These damages are intended to punish certain wrongful conduct and discourage similar behavior. 

For example, someone in Albany who suffered a broken bone because of excessive force may have medical bills, lost wages, physical pain, and months of rehabilitation. Someone who was wrongfully incarcerated may have lost months or years of freedom, employment opportunities, relationships, and important moments with family. We look at the full effect of the violation rather than trying to put every civil rights case into the same formula.

If someone came to us after suffering a civil rights violation, we would gather medical records, employment and income information, treatment records, and other evidence showing how the misconduct affected their health, finances, work, family, and everyday life. Our experienced Albany civil rights lawyers would use that evidence to determine the damages that may be available and pursue the compensation our client deserves.

What Proof Do I Need for a Civil Rights Case?

Civil rights cases often come down to evidence. The police officer, correction officer, or other government employee involved may tell a very different story from the person whose rights were violated. We look for evidence that can help show what actually happened and support our client’s account.

Evidence may include:

• Body-camera footage. Body cameras may capture an arrest, traffic stop, search, or use of force. The footage can be especially important if an officer’s description of the incident differs from what the video shows.
• Surveillance and cell phone video. We don’t depend solely on body-camera footage to find out what happened. We also look for video from nearby homes, businesses, buildings, and cell phones that may show the incident from a different angle or capture something the body camera missed. Because some recordings are automatically deleted or recorded over, we move quickly to identify and preserve available footage.
• Photographs. Photos can provide clear evidence of the injuries caused by a civil rights violation. We encourage clients to take pictures as soon as possible and throughout their recovery to document bruising, cuts, swelling, scars, and other visible injuries as they change and heal.
• Medical records. Medical records help connect your injuries to what happened and show how serious those injuries were. We review emergency room records, X-rays and other diagnostic tests, surgical records, treatment notes, and follow-up care to document your injuries, the treatment you received, and any ongoing medical problems.
• Witness statements. An independent witness can be especially valuable when there are conflicting accounts of what happened. Our investigation includes identifying people who saw or heard the incident and obtaining their accounts while the details are still fresh.
• Police and correctional records. The official report does not always tell the whole story. Police reports, arrest records, dispatch records, radio transmissions, use-of-force reports, jail records, grievances, and other documents can help fill in missing details or reveal inconsistencies. Our experience handling civil rights cases helps us know where to look beyond the obvious records, recognize when important information is missing, and spot inconsistencies between official accounts and the other evidence.

Video can be powerful evidence, but not having video does not mean you do not have a case. Our attorneys know how to build a civil rights claim using many different sources of evidence, including medical records, photographs, witness accounts, police and correctional records, and inconsistencies in official reports. When victims come to us after a civil rights violation in Albany, we investigate what happened, look for evidence they may not know exists, and work to put together a clear and compelling account of how their rights were violated.

How Long Do You Have To Sue for Civil Rights Violations in Albany?

When it comes to civil rights claims, time is of the essence. You may have much less time than you think to take legal action, and the deadline can depend on the type of claim, who is responsible, and the laws that apply. One incident can also result in several claims with different deadlines. We never want someone with a valid claim against the government to lose the opportunity to seek compensation simply because time ran out. That is why one of the first things we do when reviewing a case is identify the deadlines that apply and determine what needs to be done to protect our client’s rights.

Some deadlines that may apply include:

• Notice of Claim. If your case includes certain New York state-law claims against the City of Albany, Albany County, or another municipality, you may have only 90 days to serve a Notice of Claim. A Notice of Claim formally notifies the government entity about your claim and generally must be served before you can file certain lawsuits against it. Because 90 days can pass quickly while someone is still recovering from an injury or dealing with the aftermath of an incident, this is one of the first deadlines our attorneys check. N.Y. Gen. Mun. Law § 50-e
• Federal civil rights claims. Many civil rights cases are brought under 42 U.S.C. § 1983, the federal law that allows people to seek compensation for certain violations of their constitutional rights by state and local government officials. In New York, these claims generally have a three-year statute of limitations. However, the date the three-year period begins can vary depending on the particular claim, so you should not assume you have three years from the date that seems most obvious. 
• Claims against municipalities. The 90-day Notice of Claim deadline is not the only deadline that may apply when suing a city, county, or other municipality. Certain New York state-law claims must also be filed in court within one year and 90 days. Serving the Notice of Claim on time does not extend the deadline for filing the lawsuit. New York General Municipal Law § 50-i establishes this limitations period for covered claims. N.Y. Gen. Mun. Law § 50-i
• Wrongful death. If police misconduct, correction officer abuse, inadequate medical care, or another wrongful act results in someone’s death, the personal representative of the person’s estate may be able to bring a wrongful death claim. In New York, the general deadline for filing a wrongful death lawsuit is two years from the date of death, although other rules can affect the time available in a particular case. New York Estates, Powers and Trusts Law § 5-4.1 establishes the general two-year period. NY EPTL § 5-4.1
• Medical malpractice. A civil rights case involving inadequate medical care may also include a medical malpractice claim against a doctor or other medical professional. In New York, the general deadline for a medical malpractice lawsuit is two years and six months from the malpractice or, when the continuous-treatment rule applies, from the end of continuous treatment for the same condition. New York CPLR § 214-a establishes this limitations period. NY CPLR § 214-a. Additional and shorter deadlines may apply when the medical provider works for a municipality or other government entity.

For people who are incarcerated, there may be another requirement to consider. The federal Prison Litigation Reform Act generally requires incarcerated people to exhaust available jail or prison grievance procedures before filing federal lawsuits concerning prison life, including claims arising from specific incidents such as excessive force. 42 U.S.C. § 1997e(a). This makes it important to pay attention not only to court filing deadlines, but also to grievance procedures inside the facility.

Our experienced civil rights attorneys in Albany understand that the deadlines in civil rights cases can be unforgiving. From the moment we take on a case, protecting our clients’ right to pursue compensation is a priority. We identify the deadlines that apply, make sure required notices and filings are handled on time, and move the case forward so that a valid claim is not lost because of a missed deadline.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

At Stephen Bilkis & Associates, we believe that police officers, correction officers, and other government officials must be held accountable when they abuse their authority and violate the rights of the people they are supposed to serve or protect. Our experienced civil rights attorneys serving Albany represent people who have suffered serious harm because of excessive force, false arrest, unlawful detention, correction officer abuse, discrimination, and other violations of their constitutional rights. We understand how intimidating it can be to bring a claim against a police department, municipality, or other government agency, and we are prepared to stand up for our clients throughout the process.

Stephen Bilkis, the founder of Stephen Bilkis & Associates, has been selected to Super Lawyers, earned an Excellent rating from Avvo, been recognized as a Justia Top-Rated Lawyer, and received recognition from Expertise.com and TopLawyer.com. Attorneys working with Stephen Bilkis & Associates have recovered more than $1 billion in settlements and verdicts for injured clients. Our attorneys bring that experience to civil rights cases, carefully investigating what happened, preserving important evidence, identifying the people and government entities that may be responsible, and pursuing the compensation our clients deserve.

If you or someone you care about suffered serious harm because your civil rights were violated in Albany or elsewhere in New York, contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We represent clients in Albany, Albany County, and communities throughout New York.