Buffalo Civil Rights Lawyer

Civil rights laws protect people in Buffalo 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 Buffalo 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 Buffalo 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 Buffalo 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 Buffalo, our experienced Buffalo 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 Buffalo, we see these violations arise during arrests, traffic stops, searches, and while people are being held in jails or prisons. When we review a potential case, we look closely at what the government official did, why they did it, and the harm our client suffered as a result.

We take action when our clients’ civil rights are violated by conduct such as:

• Police use excessive force during an arrest or traffic stop. Police officers in Buffalo are allowed to use reasonable force when necessary to make an arrest or protect themselves or others. However, there are limits. Our experience handling excessive force claims helps us recognize when an officer’s actions may have crossed those limits. We look at what was happening when the force was used, what the officer did, if the person posed a threat, and if the amount of force was justified. If an officer punches, kicks, chokes, uses a Taser, or otherwise seriously injures someone when that level of force was not necessary, we can take action to hold the officer accountable.
• 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 legal justification required for that particular encounter. When we handle false arrest and unlawful detention claims, we know what facts and records to examine to determine if officers actually had a lawful reason to stop, detain, or arrest our client. We carefully review what officers knew at the time, what they claimed happened, and what the evidence shows. When the justification for taking away our client’s freedom does not hold up, we are prepared to challenge it.
• Police illegally search your home, car, phone, or personal belongings. Police and other government officials cannot search you or your property whenever they want. With our years of representing clients whose civil rights have been violated, we have heard many accounts of illegal searches, not only of homes and apartments, but also of cars, phones, bags, and other personal belongings. We know that an unlawful search can happen in many different ways and under many different circumstances. We look closely at why the search occurred, what authority the officers claimed to have, and if they had a legal basis to conduct it. If they did not, we can take action to protect our client’s rights and pursue compensation for the harm caused.
• 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. We know from handling civil rights cases that discrimination is not always obvious or openly admitted. An officer may give one reason for stopping, searching, arresting, or treating someone differently, while the surrounding facts tell another story. We look beyond the official explanation and examine statements, records, patterns of conduct, inconsistencies, and other evidence that may show race or another protected characteristic played a role in how our client was treated. When the evidence shows unlawful discrimination, we are prepared to hold those responsible accountable.
• Evidence is fabricated or improperly withheld, resulting in an unfair criminal proceeding. You have the right to a fair legal process, and that process can be seriously compromised when government officials make up evidence, alter evidence, or keep important information from the defense. We understand how damaging this type of misconduct can be, particularly when false or withheld evidence contributes to criminal charges, a conviction, or time spent in jail or prison. Our experience handling civil rights claims helps us know where to look for discrepancies between police reports, witness accounts, recordings, forensic evidence, and other records. When we find evidence that government misconduct interfered with our client’s right to a fair criminal proceeding, we are prepared to pursue those responsible for the harm that followed.
• A correction officer physically or sexually abuses you while you are in custody. Being held at the Erie County Holding Center in Buffalo or another correctional facility does not give correction officers the right to abuse you. From our experience handling inmate abuse cases, we know that what happens inside a jail or prison is not always accurately reflected in the official reports. We know to look for medical records, video, witness accounts, grievances, and other evidence that can help establish what actually happened and hold those responsible accountable.
• Jail or prison staff ignore a serious threat to your safety. People held at the Erie County Holding Center depend on correctional staff to protect them from known dangers, including threats from other people in custody. Our experience has taught us what to look for when determining if staff knew our client was in danger and failed to act. We examine reported threats, prior complaints, incident reports, and other evidence that can show what staff knew before our client was hurt.
• You are denied necessary medical or mental health care while incarcerated. Jail and prison staff cannot simply ignore serious medical or mental health needs. We understand the serious consequences that can result when requests for medical care are ignored or treatment is unnecessarily delayed. To determine why our client did not receive the care they needed, we examine medical records, requests for treatment, medication records, grievances, and other evidence showing what staff knew and how they responded.
• A government official retaliates against you for exercising a protected constitutional right. We want you to understand that government officials generally cannot legally punish you for exercising rights protected by the Constitution, such as making certain complaints or speaking out about government misconduct. Retaliation can be difficult to identify. However, our experience helps us recognize signs of retaliation and know what to look for when investigating what happened. We look closely at what changed after our client exercised a protected right, including sudden disciplinary action, different treatment, threats, or other negative consequences that may show they were being punished for speaking up.

Civil rights concerns involving conditions at Erie County correctional facilities have resulted in federal litigation. In United States v. Erie County, 724 F. Supp. 2d 357 (W.D.N.Y. 2010), the U.S. Department of Justice took legal action against Erie County after investigating conditions at the Erie County Holding Center and Erie County Correctional Facility. The DOJ alleged serious problems involving the failure to protect incarcerated people from physical and sexual abuse, inadequate medical and mental health care, and unsafe conditions that placed people in custody at risk of serious harm. The federal court denied Erie County’s request to dismiss the case, allowing the government’s claims to proceed.

Our experience representing incarcerated people gives us insight into how civil rights violations can occur inside correctional facilities and how difficult they can be to uncover. Official reports may not tell the full story, particularly when the people accused of misconduct work for the same facility responsible for documenting what happened. We know how to look beyond those reports, identify other sources of evidence, and build a strong claim for compensation

What laws protect people from civil rights violations in Buffalo?

Civil rights cases can involve several federal and New York laws, depending on who violated your rights and what happened. We use our experience handling civil rights claims to determine which laws protect our client, which claims we can pursue, and who may be held responsible. The law can be complicated, but our clients do not have to figure it out on their own.

Many of the civil rights cases we handle are brought under 42 U.S.C. § 1983. This federal law allows people to seek compensation when state or local government officials violate certain rights protected by the U.S. Constitution or federal law. We look at the facts of each case to determine which constitutional protections apply, including:

• Fourth Amendment. The Fourth Amendment protects you from unreasonable searches and seizures and can also protect you when police use excessive force. We know that the legal protections can vary depending on what was happening at the time, such as during a traffic stop, search, arrest, or other encounter with police. We examine the entire encounter to determine if an officer exceeded the authority the law gives them.
• Eighth Amendment. The Eighth Amendment protects people who have been convicted of crimes from cruel and unusual punishment. This can include protection from excessive force, serious threats to safety, and the denial of necessary medical care. Our experience representing incarcerated people helps us identify conduct and conditions that may go beyond poor treatment and amount to a violation of constitutional rights.
• Fourteenth Amendment. The Fourteenth Amendment protects due process and equal protection and provides important protections for people being held before trial. Because the legal standard can depend on if our client was a pretrial detainee or had already been convicted, we determine their custody status and apply the protections that were in place at the time of the violation.
• First Amendment. The First Amendment protects freedom of speech and other constitutional rights and can come into play when a government official retaliates against someone for exercising a protected right. A Buffalo case shows how this protection can apply during an encounter with police. In Rupp v. City of Buffalo, 91 F.4th 623 (2d Cir. 2024), a man was detained and given a citation after shouting at a driver, who turned out to be a Buffalo police officer. He later brought claims for First Amendment retaliation, false arrest, and malicious prosecution. The Second Circuit ruled that his criticism of the officer could be protected by the First Amendment and allowed his claims for retaliation, false arrest, and malicious prosecution to move forward.

New York law can provide additional ways to seek compensation. Depending on what happened, we may pursue federal civil rights claims along with claims under New York law arising from the same incident. For example, in Stone v. City of Buffalo, 189 A.D.3d 2124, 134 N.Y.S.3d 883 (4th Dep’t 2020), a man brought New York claims for assault and battery and negligence against the City of Buffalo and a Buffalo police officer along with a federal civil rights claim under 42 U.S.C. § 1983. Because different requirements and deadlines can apply to each claim, we identify all potential claims early so that our client does not lose the right to pursue compensation.

Our experienced Buffalo civil rights lawyers know how to take the facts of what happened and determine which legal protections apply. We identify the strongest claims supported by the evidence, determine who can be held responsible, and use the federal and New York laws available to pursue the compensation our client deserves.

How much is a civil rights violation worth?

There is no set dollar amount for a civil rights violation. The value of a case depends on what happened, the harm our client suffered, and how that harm has affected their life. We look beyond the violation itself to determine its full physical, emotional, and financial impact.

Compensation may include:

• Medical expenses. If you were physically injured, we document the cost of emergency care, hospital stays, surgery, medication, rehabilitation, and other treatment related to your injuries. Medical records and bills can also help us show how serious the injuries were and the treatment they required.
• Future medical care. Some injuries require treatment long after the incident. We consider the expected cost of future surgery, therapy, medication, rehabilitation, and other necessary care so that our client is not left paying for treatment caused by someone else’s misconduct.
• Lost income. A serious injury, wrongful arrest, or period of incarceration can keep someone from working. We look at the income our client has already lost as well as future losses if their ability to work or earn money has been permanently affected.
• Pain and suffering. A civil rights violation can leave someone dealing with physical pain, limitations, scarring, or disability long after the incident. Our experience representing injured clients helps us understand how to document the ways an injury affects everyday activities and quality of life, not simply what appears in the medical records.
• Emotional and psychological harm. Being assaulted by a police or correction officer, abused while incarcerated, or wrongfully deprived of your freedom can have lasting emotional effects. We consider anxiety, depression, PTSD, humiliation, fear, sleep problems, and other ways the experience has affected our client’s life.
• Loss of freedom. If you were unlawfully arrested, detained, or incarcerated, we consider both the amount of time you lost and what happened in your life during that time. Lost employment, damaged relationships, missed family events, and months or years that cannot be returned can all be important when we pursue compensation.
• Punitive damages. In some federal civil rights cases involving particularly serious misconduct, punitive damages may be available against an individual government official. These damages are intended to punish certain wrongful conduct and discourage similar conduct in the future.

In Doyle v. City of Buffalo, 56 A.D.3d 1134 (4th Dep’t 2008), Susan Doyle was injured when Buffalo police officers arrested her after she refused to allow them to speak with a student at the school where she was the principal. She sued the City of Buffalo, the Buffalo Police Department, and the arresting officer for her injuries. The City conceded liability on behalf of the Police Department and the officer, leaving a jury to determine the amount of her damages. The jury awarded Doyle $1,636,000 for damages that included pain and suffering, medical expenses, future medical care, and lost earnings. Doyle shows how substantial compensation may be available when a person is seriously injured as a result of the actions of law enforcement.

As Doyle illustrates, determining the value of a claim requires us to look at much more than the immediate injury. Our experienced Buffalo civil rights lawyers consider the medical treatment our client has already received, future care they may need, time they have missed from work, physical pain, emotional harm, and other ways the violation has affected their life. We use that information and supporting evidence to pursue compensation that accounts for the full extent of what our client has experienced and lost.

What proof do I need for a civil rights case?

Civil rights cases often involve very different accounts of the same event. A police officer, correction officer, or other government employee may describe what happened very differently from our client. Our experience with handling civil rights claims have taught us not to rely on any single source of information, including an official report. We look for evidence from multiple sources that can help establish what actually happened.

That evidence may include:

• Body-camera footage. Body cameras can provide an important record of an arrest, traffic stop, search, or use of force. We carefully review the footage against police reports and other evidence because what appears on the video may not match the officer’s written account.
• Surveillance and cell phone video. We do not stop looking simply because body-camera footage is unavailable or incomplete. Video from nearby homes, businesses, buildings, traffic cameras, or cell phones may capture the incident from another angle or show something a body camera missed. Some recordings are automatically deleted or recorded over, so we move quickly to identify and preserve available footage.
• Photographs. Photographs can document bruising, cuts, swelling, scars, and other visible injuries. We encourage clients to take photographs as soon as possible and during their recovery because injuries can look very different hours, days, or weeks after an incident.
• Medical records. Medical records can help connect an injury to what happened and show its severity. We review emergency room records, diagnostic tests, surgical records, treatment notes, and follow-up care to document our client’s injuries and any ongoing medical problems.
• Witness statements. Someone who saw or heard what happened may provide information that supports our client’s account or contradicts an official report. We work to identify witnesses and obtain their accounts while their memories of the incident are still fresh.
• Police and correctional records. Police reports and jail records are only part of what may exist. Our experience helps us know to look for dispatch records, radio transmissions, use-of-force reports, grievances, disciplinary records, housing records, incident reports, and other documents that may reveal details or inconsistencies that are not obvious from the initial report.

Not every civil rights violation is captured on video, and the absence of video does not necessarily mean there is no case. We know how to piece together medical records, photographs, witness accounts, official records, and other evidence to build a clear account of what happened. We also know that evidence can disappear, memories can fade, and recordings can be deleted, which is why we begin looking for and preserving evidence as early as possible.

How long do you have to sue for civil rights violations in Buffalo?

When it comes to civil rights claims, time is of the essence. Different deadlines can apply depending on what happened, who was responsible, and the claims we pursue. One incident can even result in several claims with different deadlines. Our experience with these cases helps us identify those deadlines early and take the necessary steps to protect our client’s right to seek compensation.

Some deadlines that may apply include:

• Notice of Claim. If your case includes certain New York state-law claims against the City of Buffalo, Erie County, or another municipality, you generally have only 90 days to serve a Notice of Claim. This formally notifies the government entity of the claim and is generally required before certain lawsuits can be filed against it. Because three months can pass quickly while someone is recovering from an injury or dealing with the consequences of an arrest or incarceration, this is one of the first deadlines we check. N.Y. Gen. Mun. Law § 50-e.
• Federal civil rights claims. Many civil rights lawsuits are brought under 42 U.S.C. § 1983. In New York, these claims generally have a three-year statute of limitations. However, determining when that three-year period begins is not always as simple as counting from the date of the incident. The answer can depend on the type of constitutional claim involved, which is why we determine the applicable deadline based on the specific facts of our client’s case.
• New York personal injury claims. A civil rights violation may also give our client grounds to pursue claims under New York law. An ordinary personal injury action generally has a three-year statute of limitations, while claims such as assault, battery, false imprisonment, and malicious prosecution generally have a one-year deadline. N.Y. CPLR §§ 214(5), 215(3). However, when the defendant is the City of Buffalo, Erie County, or another municipality, additional requirements and different deadlines may apply.
• Claims against municipalities. Certain New York state-law claims against the City of Buffalo, Erie County, or another municipality generally must be commenced within one year and 90 days. Serving a Notice of Claim does not extend the time for filing the lawsuit. We track both deadlines because satisfying the 90-day Notice of Claim requirement does not eliminate the separate deadline for starting the case. 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 estate may be able to bring a wrongful death claim. New York generally allows two years from the date of death to file a wrongful death lawsuit, although other rules may affect the deadline in a particular case. N.Y. EPTL § 5-4.1.
• Medical malpractice. Inadequate medical treatment in a jail or prison can sometimes involve both civil rights issues and medical malpractice. New York’s general deadline for a medical malpractice action 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. Additional or shorter requirements may apply when the medical provider is connected to a municipality or other government entity. N.Y. CPLR § 214-a.

For incarcerated people, filing deadlines are not the only time-sensitive issue. The federal Prison Litigation Reform Act generally requires incarcerated people to complete available jail or prison grievance procedures before filing a federal lawsuit concerning prison conditions. 42 U.S.C. § 1997e(a). Those procedures can have their own deadlines, making it important to address them promptly.

We do not expect our clients to determine which deadline applies or calculate it themselves. We identify every potential claim, determine the deadlines and procedural requirements that go with it, and make sure the necessary steps are taken on time. With deadlines as short as 90 days in some cases, waiting to seek legal advice can put an otherwise valid claim at risk.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

At Stephen Bilkis & Associates, we believe police officers, correction officers, and other government officials should be held accountable when they violate the rights of the people they are supposed to serve or protect. Our experienced civil rights attorneys serving Buffalo represent people who have suffered serious harm because of excessive force, false arrest, unlawful detention, illegal searches, correction officer abuse, inadequate medical care, and other violations of their rights. We know that taking legal action against a police department, municipality, correctional facility, or other government agency can seem intimidating. Our job is to stand with our clients, build the strongest case the evidence supports, and fight for the compensation they deserve.

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. We bring that experience to every civil rights case we handle, from investigating what happened and preserving evidence to identifying all responsible parties and documenting the full extent of our client’s damages.

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