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.
It is no excuse that the claimant was incarcerated during the 90 day period or that they were facing criminal charges instituted by the police they seek to su