Police And Municipal Liability

ACB attorneys have represented a variety of law enforcement officers, municipalities, and other public entities in litigated matters in both State and Federal Courts.  ACB has particular experience defending police against claims of Civil Rights violations.  These cases require specialized knowledge, particularly with litigation commenced under 42 U.S.C. § 1983.  ACB regularly handle these matters in a variety of venues, including trials and appeals.  ACB also has substantial experience defending against claims of general negligence against municipalities.  ACB attorneys possess knowledge and experience specific to these types of claims, including the municipality’s rights and procedures under the General Municipal Law, prior written notice statutes, and the doctrine of qualified immunity.

ACB attorneys include New York State certified police instructors who regularly present at the Erie County Police Academy Supervisors School on issues of police civil liability.  In addition to traditional police liability issues such as those addressed above, ACB attorneys have given presentations on new police reforms imposed by statute and executive order in New York State.  These include the Eric Garner Anti-Choke Hold law, the Right to Record law, and the Law Enforcement Misconduct Investigative Office newly established within the Office of the Attorney General.  These reforms have substantial implications on police officers, how they carry out their duties, and their potential exposure to civil and even criminal liability.  By extension, these police reform measures will affect the liability exposure of the municipalities they serve.  ACB is well versed in these new laws, and we can help you navigate your way through a civil rights claim or a misconduct investigation.  

Pursuant to General Municipal Law 50-j, individual police officers are entitled to a legal defense, paid for by the municipality they serve, to protect against claims of negligence or other allegations of civil wrongdoing.  Under some circumstances, the police officer may have a right to select his or her own counsel, even though their employer must pay the bill.  If you are a police officer facing a claim of negligence or other tort, you need a lawyer and you may need a separate lawyer of your own choosing.  ACB can help.