New York Civil Rights Attorney

Overturning Wrongful Convictions and Exposing Violations of Our Clients’ Rights

Barket Epstein Kearon Aldea & LoTurco, LLP has a long and illustrious history of success in representing individuals who have experienced serious harm as a result of civil rights violations. From police brutality to wrongful imprisonment, our New York civil rights attorneys have fought to expose wrongdoing and help our clients pursue compensatory and punitive damages for the atrocities forced upon them.

Every person in the United States is protected by federal law from having their civil rights violated. Federal law under the Civil Rights Act permits you to sue anyone who violates your constitutional rights, even (or especially) those charged with keeping you safe from harm.

Contact our New York civil rights lawyers at (888) 779-0267 for a complimentary and confidential consultation.

What Are Civil Rights Violations?

According to state and federal laws, many potential behaviors engaged in by various employees or agents of the government may be considered violations of your civil rights. If you are mistreated by employees of any part of the criminal justice system, you have the right to take legal action.

In New York, these cases often arise from encounters with police officers, correction officers, prosecutors, or other government officials who use their authority in ways the Constitution does not allow. A civil rights violation may involve discrimination, retaliation, or abuse of power that deprives you of due process, equal protection, or freedom from unreasonable searches and seizures. When that happens, you are not just dealing with a bad experience—you are confronting unlawful conduct that can be challenged in court to seek accountability and compensation.

Because civil rights laws are enforced through complex federal statutes and constitutional claims, it is important to work with a legal team that understands how these cases move through the federal courts in New York. Claims may be brought under 42 U.S.C. § 1983 or related federal provisions, and strict filing deadlines and procedural rules can affect your ability to recover. Our New York civil rights attorneys carefully evaluate each situation, identify which rights were violated, and help clients understand whether their experience meets the legal standard for a civil rights lawsuit.

Examples of Civil Rights Violations

The following are examples of civil rights violations:

• False arrest
• Illegal search
• Unlawful detention/imprisonment
• Wrongful conviction
• Police misconduct
• Excessive force during arrest/police brutality
• Prosecutorial misconduct
• Failure to intervene

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Where and How Civil Rights Violations Occur in New York

Civil rights violations can arise in a wide range of everyday interactions with law enforcement and can continue beyond the initial encounter into the broader criminal process.

• Street encounters and traffic stops: Detentions without probable cause, unlawful searches, or use of excessive force during routine stops
• Police precincts and custodial settings: Violations occurring during questioning, booking, or detention inside precinct facilities
• County jails and correctional facilities: Incidents involving unlawful force, failure to protect individuals, or improper treatment while in custody
• State and federal prisons: Ongoing violations related to use of force, neglect, or unlawful conditions of confinement
• During arrest and investigation: False arrest, illegal searches, and escalated use of force during initial encounters
• Throughout the prosecution process: Prosecutorial misconduct, including withholding evidence or relying on unreliable testimony
• Supervision and oversight failures: Situations where officers or supervisors fail to intervene when unlawful conduct occurs
• Post-conviction consequences: Violations that contribute to wrongful convictions or extended unlawful detention, leading to lasting personal and social harm

These violations may begin at a single moment but can extend through the entire legal process, creating consequences that affect individuals, families, and communities over time.

Representing Victims of Civil Rights Violations in Nassau and Suffolk Counties

Civil rights protections exist to guard against government misconduct, but those protections only have meaning when violations are addressed. Our New York civil rights attorneys focus on pursuing accountability and relief for those who have been affected.

• Local case experience: Cases arise throughout the New York City metropolitan area, Nassau County, Suffolk County, and surrounding communities involving police departments, sheriff’s offices, and correctional facilities
• Federal court familiarity: Experience with procedures in the Eastern District of New York and other courts that handle civil rights claims
• Record and investigation review: Analysis of trial records, transcripts, and investigative files to identify patterns of misconduct
• Focus on full impact: Evaluation of both immediate and long-term effects, including lost wages, medical care, psychological harm, and consequences of a criminal record or incarceration

By documenting these harms and preparing each case thoroughly, the goal is to pursue remedies that support recovery and accountability under New York and federal law.

How Civil Rights Cases Work in New York

Understanding how a civil rights case moves forward can help you decide whether to take legal action. Most matters begin with a careful review of what happened, including police reports, court records, video footage, and any complaints filed with internal affairs or oversight agencies. From there, our civil rights attorney in New York can assess potential claims, explain time limits for filing in state or federal court, and outline the options that may be available in your situation.

In many cases, claims are filed in the United States District Court for the Eastern District of New York or the Southern District of New York, depending on where the events occurred. Procedural rules in these courts require detailed pleadings, timely responses, and thorough preparation for discovery, motion practice, and, if necessary, trial. We approach these steps as a team, drawing on our collective litigation experience to prepare filings, conduct depositions, and respond to the strategies used by government lawyers and institutional defendants.

As a case progresses, there may be opportunities to resolve claims through negotiations or court-sponsored settlement discussions. At each stage, we discuss the potential benefits and risks with our clients so they can make informed decisions about settlement versus continuing to litigate. Our goal is to pursue a path that reflects each person’s needs and priorities, whether that means seeking a prompt resolution or continuing forward to obtain a decision from a judge or jury.

Damages and Remedies In Civil Rights Cases

People often want to know what a civil rights lawsuit can actually accomplish for them and their families. While every case is different, the law allows for several kinds of remedies that are designed to address both financial losses and the broader harm caused by official misconduct. These remedies can play an important role in helping someone rebuild after a wrongful arrest, unlawful imprisonment, or other violation.

Available damages may include compensation for lost income, medical expenses, therapy and counseling, and the emotional distress caused by the violation of your rights. In some situations, courts may also consider punitive damages designed to punish particularly egregious conduct and to deter similar behavior in the future. Beyond money damages, civil rights cases can sometimes lead to non-monetary relief, such as changes in policies or practices within a police department, jail, or other public agency, especially when a pattern of violations comes to light.

Civil rights cases can also intersect with post-conviction proceedings in New York, including motions to vacate a conviction or applications for relief based on newly discovered evidence. When a wrongful conviction is overturned, the civil case may provide an avenue to address the years lost and the impact on a person’s reputation and relationships. We take the time to understand how each client has been affected and to pursue remedies that reflect the full scope of what they have endured.

Frequently Asked Questions

How Long Do I Have to File a Civil Rights Lawsuit?

Deadline rules, known as statutes of limitations, can limit how long you have to bring a civil rights claim. The specific time period depends on the type of claim, where the events occurred, and whether your case involves issues like wrongful conviction or ongoing detention. Because these rules can be complicated, it is important to speak with a lawyer as soon as possible after you suspect your rights have been violated.

Do I Have to Wait Until My Criminal Case Is Finished to Pursue a Civil Rights Claim?

Some civil rights claims are affected by the status of a related criminal case, particularly if a conviction is still in place. In some circumstances, pursuing certain civil claims too early could create legal conflicts with the criminal matter. Talking with an attorney who understands both criminal defense and civil rights litigation can help you understand the best timing for your situation.

What Should I Bring to an Initial Meeting About a Possible Civil Rights Case?

For an initial consultation, it is helpful to bring any documents or information you already have, such as arrest paperwork, court records, correspondence from a district attorney’s office, or medical records related to injuries. If there are photos, videos, or names of witnesses, that information can also assist in evaluating the strength of potential claims. Even if you do not have complete records, sharing your timeline and recollection of events is an important starting point.

Contact our New York civil rights lawyers at (888) 779-0267 to arrange a confidential, free case evaluation.