Did the Government Violate Your Constitutional Rights?
We Can Help
When a government official crosses a legal line — whether it’s a police officer using excessive force, a public employer retaliating against you for speaking out, or a corrections officer ignoring your basic needs — the law gives you a way to fight back.
At Nisar Law Group, we represent individuals in New York whose civil rights and constitutional protections have been violated by government actors. These cases are complex. They require a firm that knows the federal framework, understands New York’s overlapping state and city protections, and has the persistence to take on institutions that have every resource to defend themselves.
If you believe your rights were violated, the first step is a free consultation. Let’s talk through what happened and whether you have a claim.
Contact Nisar Law Group, P.C. at (212) 600-9534 to learn how we can be of service.
What Is a Civil Rights Violation?
Not every injustice is a civil rights violation in the legal sense. Civil rights claims have a specific meaning: they arise when a government actor — someone exercising state power — deprives you of rights guaranteed by the U.S. Constitution or federal law.
The primary legal tool for these cases is 42 U.S.C. § 1983, a federal law that allows individuals to sue state and local government officials for constitutional violations. To have a valid § 1983 claim, two things need to be true:
- The person who harmed you was acting under color of state law — meaning they were exercising government authority when the violation occurred
- Their actions deprived you of a constitutional right protected by the federal constitution or a federal statute
This covers a wide range of conduct: police officers using force beyond what the situation required, a public agency retaliating against someone for speaking out, or a jail failing to provide basic medical care. The common thread is a government actor and a constitutional right. When that conduct crosses into criminal territory, it may also implicate 18 U.S.C. § 242, the federal criminal statute prohibiting willful deprivation of rights under color of law.
New York residents also have access to some of the strongest civil rights protections in the country through the New York State Human Rights Law and the New York City Human Rights Law — laws that apply more broadly and set a lower bar for proving a violation than federal law alone.
Who Can Be Held Liable?
One of the most common questions in civil rights cases is: Who exactly do you sue? The answer depends on the nature of the claim, but here’s how it typically breaks down:
Individual government officials are often named as defendants in their personal capacity. This includes police officers, corrections officers, public school administrators, and other government employees. They can be held personally liable for their actions — though they may assert a legal defense called qualified immunity, which shields officials unless they violated a “clearly established” constitutional right. Understanding what constitutes a wrongful arrest is often the starting point for evaluating whether a claim exists against an individual officer.
Municipalities and local governments can also be held liable under a theory established in Monell v. Department of Social Services (1978). Cities and counties aren’t automatically responsible every time an employee does something wrong. But if the constitutional violation resulted from an official policy, a widespread custom, or a deliberate failure to train employees, the government entity itself is on the hook. This is called a Monell claim, and it’s how you hold institutions — not just individuals — accountable.
The City of New York is a frequently named defendant in civil rights cases. According to the NYC Comptroller’s FY2024 excessive force report, the NYPD had 9,249 tort claim filings that year — a 31.8% increase — with excessive force complaints reaching their highest level since 2013. That’s not a string of bad luck; it reflects systemic issues that courts have consistently documented.
Worth noting: in 2021, New York City became the first major U.S. city to pass a local law — Local Law 48 — that limits qualified immunity for NYPD officers in local court actions. If you were the victim of an unreasonable search, seizure, or excessive force, you may be able to bring a claim where that defense is not available to the officer.
Claims We Handle
Our civil rights practice covers the full range of constitutional violations. Below is a summary of the specific case types we handle. Each links to a dedicated page with more details on the law, evidence requirements, and what to expect.
Police Misconduct
Police misconduct cases involve officers using their authority in ways that violate constitutional rights — whether that’s conducting an illegal search, using more force than the situation required, or making an arrest without probable cause. New York’s 2020 repeal of Civil Rights Law § 50-a opened up officer disciplinary records to the public for the first time in decades, which significantly changed what evidence is available in these cases. [Learn more about police misconduct claims →]
Wrongful Arrest
A wrongful arrest claim arises when an officer detains or arrests someone without probable cause. In the Second Circuit — which covers New York federal courts — when an arrest is made without a warrant, the burden falls on the government to prove probable cause existed. That’s an important procedural advantage for plaintiffs. A related claim, malicious prosecution, covers what happens when a prosecution continues without proper justification and ultimately ends without a conviction. [Learn more about wrongful arrest claims →]
Excessive Force
Excessive force claims turn on whether the officer’s use of force was objectively reasonable under the circumstances. Courts look at factors like the severity of the suspected offense, whether the person posed an actual threat, and whether they were actively resisting. The standard depends on the person’s status at the time — free citizen, pretrial detainee, or convicted prisoner — and each carries a different constitutional analysis. [Learn more about excessive force claims →]
Prisoner Rights
Prisoners retain constitutional rights even after conviction. The Eighth Amendment prohibits cruel and unusual punishment, including the failure to provide adequate medical care or protection from violence. New York’s HALT Solitary Confinement Act — which limits isolated confinement to 15 consecutive days — is one of the most significant recent reforms in this area, though implementation has been inconsistent. If you or a loved one has been subjected to conditions that violate these standards, there may be a viable claim. [Learn more about prisoner rights claims →]
Religious Discrimination by Government Entities
Government employers are required to provide reasonable accommodations for sincerely held religious beliefs under both the First Amendment and Title VII. When a public agency refuses to accommodate religious practice — or retaliates against an employee for requesting one — that’s an actionable civil rights violation. [Learn more about religious discrimination by government entities →]
First Amendment Retaliation
Government employers cannot punish employees for speaking out on matters of public concern. This protection — grounded in Garcetti v. Ceballos and its progeny — covers a wide range of speech, from whistleblower disclosures to union advocacy. If you were disciplined, demoted, or terminated because you exercised your First Amendment rights as a government employee, that may be a viable civil rights claim. [Learn more about First Amendment retaliation claims →]
Government Misconduct / Constitutional Violations
This category covers the full range of constitutional violations by government actors that don’t fit neatly into one of the above buckets — due process violations, equal protection claims, and abuse of government authority more broadly. [Learn more about government misconduct claims →]
How a Civil Rights Case Works
Civil rights cases move through a distinct procedural path. Here’s what to expect:
Step 1: Case assessment
An attorney evaluates whether the facts support a constitutional claim, identifies the correct defendants, and determines which legal theories apply — § 1983, Monell, Bivens for federal actors, or state and local law claims. The DOJ’s explanation of acting under color of law is a useful reference for understanding how this threshold gets evaluated.
Step 2: Deadline review
Civil rights claims have strict time limits. For federal § 1983 claims, the statute of limitations in New York is 3 years from the date of the violation. For state law claims against New York City, you must file a Notice of Claim within 90 days of the incident under General Municipal Law § 50-e — before any lawsuit can be filed. Missing this window permanently bars those claims.
Step 3: Filing in federal or state court
Most § 1983 cases are filed in federal court — either the Southern District of New York (SDNY) or the Eastern District of New York (EDNY), depending on where the violation occurred. State and city law claims are often added alongside federal claims. Because the NYC Council’s Local Law 48 press release details both the federal and local causes of action available, understanding which court to file in is a strategic decision with real consequences.
Step 4: Discovery
This is where the case gets built. Body camera footage, CCRB complaint records, internal NYPD communications, medical records, and prior lawsuit history all come into play. The NYC Comptroller’s annual claims report provides publicly available data on NYPD settlement patterns that can support Monell’s claims about department-wide conduct. Cases involving excessive force often hinge on body camera footage obtained during this phase.
Step 5: Resolution — settlement or trial
Many civil rights cases settle before trial. The City of New York resolves the large majority of NYPD misconduct claims through settlement. If the case goes to trial, a successful plaintiff can recover compensatory damages (lost wages, medical expenses, pain and suffering, emotional distress), injunctive relief, and attorney’s fees under 42 U.S.C. § 1988 — meaning the defendant may pay your legal costs if you win. Damages vary significantly by claim type — wrongful arrest cases, for example, often involve different calculations than excessive force claims.
Why Nisar Law Group?
Nisar Law Group is a boutique employment and civil rights litigation firm based in New York. We represent individuals — not corporations, not government entities. Every client we take on is someone whose rights we believe in and whose case we’re committed to pursuing.
Here’s what that means in practice:
- No intimidation. We know government defendants have institutional resources and institutional lawyers. We’ve been doing this long enough not to be deterred by that.
- New York-specific expertise. We know the SDNY and EDNY dockets, the relevant Second Circuit precedent, and the local statutes — including NYC’s unique Local Law 48 — that can affect the outcome of your case.
- Contingency representation. We handle civil rights cases on contingency, which means you don’t pay legal fees unless we recover for you.
- Genuine communication. You’ll know what’s happening with your case. We don’t leave clients in the dark.
What Can You Recover?
If your civil rights claim is successful, you may be entitled to:
- Compensatory damages — to cover actual losses like medical bills, lost income, and emotional distress
- Punitive damages — available against individual officers in appropriate cases (not against municipalities)
- Injunctive relief — a court order requiring a government entity to stop or change a practice
- Attorney’s fees and costs — under 42 U.S.C. § 1988, the prevailing plaintiff’s attorney’s fees are typically paid by the losing party.
The value of a civil rights case depends heavily on the specific facts, the nature of the violation, and the damages you suffered. Cases involving prisoner rights often include medical damages alongside civil rights claims. We can give you a realistic assessment during your free consultation.
Have Questions? We're Ready to Talk.
Civil rights cases require a lawyer who understands both the law and what it actually takes to win in New York courts. If you believe a government official violated your constitutional rights, don’t wait — deadlines in these cases are strict and unforgiving.
Contact us at (212) 600-9534 to schedule a confidential consultation.
Why We're the Right Choice
- Seasoned Litigators Who Have Handled Numerous Jury & Bench Trials
- Providing Representation with Clarity, Honesty & Integrity
- Building Long-Term Affiliations & Relationships
- Offering Consultations for All Case Types We Handle
Frequently Asked Questions About Civil Rights and Constitutional Litigation
A civil rights violation occurs when a government actor — someone exercising state or local authority — deprives you of a right guaranteed by the U.S. Constitution or federal law. That could be an unlawful arrest, excessive force by a police officer, retaliation for protected speech, or denial of adequate medical care in custody. Not every injustice qualifies — the key elements are a government actor and a constitutional right that was actually violated.
Common violations include unlawful searches and seizures, arrest without probable cause, excessive or deadly force, racial profiling, retaliation for speaking out on matters of public concern, denial of religious accommodations by government employers, and cruel or inhumane conditions of confinement. In New York, these claims can be brought under federal law (42 U.S.C. § 1983), the NY State Human Rights Law, and the NYC Human Rights Law — one of the strongest anti-discrimination statutes in the country.
In New York, excessive force and unlawful arrest are among the most frequently litigated civil rights claims. The NYPD alone faced 9,249 tort claim filings in FY2024 and paid over $309 million in misconduct lawsuit settlements that year. Beyond police conduct, workplace retaliation by public employers and denial of religious accommodations are also among the most common claims we see.
Yes, in certain circumstances. If you are a U.S. citizen and were detained by federal immigration enforcement without a lawful basis, you may have a constitutional claim under the Fourth Amendment (unlawful seizure) and potentially the Fifth Amendment (due process). Federal agents can be sued under a theory called a Bivens action, though these claims face significant procedural hurdles. The strength of the case depends heavily on the specific facts of the detention. An attorney can help you assess whether you have a viable claim.
Constitutional litigation is the process of enforcing constitutional rights through the courts. In practice, that usually means filing a lawsuit under 42 U.S.C. § 1983 against a government official or municipality that violated your rights. These cases can result in monetary compensation, court orders requiring the government to change its conduct, and attorneys’ fees paid by the losing party. Constitutional litigation is distinct from criminal cases — it’s a civil lawsuit brought by the individual whose rights were violated.
Constitutional lawyers handle cases where government actors have violated individual rights protected by the U.S. Constitution. That includes police misconduct, wrongful arrest, excessive force, prisoner rights violations, First Amendment retaliation, religious discrimination by government entities, and due process or equal protection claims. At Nisar Law Group, we focus specifically on these claims for individuals — we represent people, not institutions.
Willful deprivation of civil rights under color of law is a federal crime under 18 U.S.C. § 242, and can be prosecuted as a felony when it results in bodily injury or death. However, criminal prosecution is handled by the Department of Justice — not by private attorneys. What a civil rights attorney does is pursue a separate civil lawsuit on your behalf, which can result in financial compensation and injunctive relief regardless of whether any criminal charges are filed.
