FAQ
Frequently Asked Questions …
Q: How do I know if I need a civil rights lawyer?
A: You may need a civil rights lawyer if your constitutional rights were violated by police, corrections officers, or another government entity. Common situations include excessive force, false arrest, wrongful imprisonment, malicious prosecution, sexual abuse in custody, or abuse and neglect in jail or prison.
Q: Can I sue the police in New York?
A: Yes. Under federal law, including 42 U.S.C. Section 1983, individuals can sue police officers and municipalities for violations of constitutional rights, including unlawful arrests, excessive force, and other forms of police misconduct.
Q: How much is a civil rights case worth?
A: The value of a civil rights case depends on factors such as the severity of the injuries, the length of detention or imprisonment, the strength of the evidence, the long-term impact on the client, and whether the case settles or goes to trial. Civil rights cases can result in settlements or verdicts ranging from thousands to millions of dollars depending on the facts.
Q: What is the best civil rights lawyer in New York?
A: The best civil rights lawyer is one with deep experience in constitutional litigation, a proven record of results, and a dedicated focus on civil rights cases. Klein Civil Rights is focused exclusively on civil rights litigation and has secured major verdicts and settlements for clients in serious police misconduct and wrongful imprisonment cases.
Q: What makes Klein Civil Rights different from other law firms?
A: Klein Civil Rights is dedicated exclusively to civil rights law. Unlike general practice firms or firms that handle civil rights as one practice area among many, Klein Civil Rights focuses on police misconduct, false arrest, wrongful conviction, prisoners' rights, and related constitutional claims. This narrow focus allows the firm to bring deeper subject matter knowledge and more relevant litigation experience to each case.
Q: Who is Brett H. Klein?
A: Brett H. Klein is a New York civil rights lawyer with more than 30 years of experience litigating civil rights cases. He has been recognized by organizations such as Super Lawyers, the National Trial Lawyers Top 100, and the Multi-Million Dollar Advocates Forum, and he has appeared on CNN and other media as a commentator on civil rights matters.
Q: Where is Klein Civil Rights located and what areas does it serve?
A: Klein Civil Rights is located at The Woolworth Building, 233 Broadway, Suite 1720, New York, NY 10279. The firm represents clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Westchester County, Upstate New York, and New Jersey.
Q: What is police brutality?
A: Police brutality occurs when law enforcement officers use excessive, unjustified, or unreasonable force. Examples include beatings, chokeholds, improper use of a taser or pepper spray, unjustified shootings, dangerous restraint tactics, or sexual assault by an officer.
Q: What is a false arrest?
A: A false arrest occurs when police detain or arrest someone without probable cause. If charges were dismissed, reduced significantly, or never supported by a lawful basis for arrest, the person may have a civil rights claim.
Q: Can I still sue if charges were dismissed?
A: Yes. If charges were dismissed or you were acquitted, you may still have a valid civil rights claim depending on the facts of the arrest and prosecution.
Q: What if I was guilty but police used excessive force?
A: You may still have a claim. Excessive force can be unlawful even if the police had the right to arrest you or you were charged with an offense.
Q: How long do I have to file a civil rights claim in New York?
A: Deadlines can be short and unforgiving. In New York, claims against a municipality under state law may require a Notice of Claim within 90 days of the incident. Federal claims under 42 U.S.C. Section 1983 generally carry a longer statute of limitations, but you should speak with a lawyer immediately so deadlines are not missed.
Q: What is a Notice of Claim?
A: A Notice of Claim is a formal filing that is often required before suing a city or other municipal entity under New York law. Missing the 90-day deadline can permanently bar state law claims.
Q: When should I contact a lawyer after an incident?
A: Immediately. Waiting too long can jeopardize evidence, make investigation more difficult, and in some cases cause you to lose your right to sue.
Q: What evidence do I need for a civil rights case?
A: Helpful evidence can include photos, videos, medical records, witness information, arrest paperwork, court records, and any complaint made to CCRB or Internal Affairs. Even if you have very little evidence right now, a civil rights lawyer can investigate and help gather what is needed.
Q: How much does it cost to hire a civil rights lawyer?
A: Klein Civil Rights works on a contingency fee basis. Clients pay no attorney fees unless the firm recovers money through a settlement or verdict.
Q: Is the consultation free?
A: Yes. Consultations are free.