LEGAL SMARTS POINTER #3: SUING THE POLICE
If you want to sue the police in New Jersey, you better file a
Notice of Claim 90-days from the date you were wrongfully
arrested or injured, NOT 90-days after your release from custody
or after charges against you were dismissed.
Too many clients contact me with very serious civil rights cases
against the police but have lost their right to sue because they
were erroneously informed that they have 90 days to file a
Notice of Claim against the police after they are released from
custody or 90 days after they are cleared of related criminal
charges.
In the State of New Jersey, there is the Torts Claims Act which
requires that as a prerequisite to filing a lawsuit, the
Plaintiff or Claimant file with the Municipality, State or other
State agency, a Notice of Claim within 90 days from the date of
the false arrest or the date that a person was beaten by the
police. This is called the accrual date of the running of the 90
day deadline.