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.