Legal Question in Civil Litigation in New York

ACS was investigating a call that one of my children was not in school.I live in an apartment where the neighbors make incredible noise so I use the TV or radio to drown it out. ACS came, I didn't hear them knock, they invited the police who broke down my door at ACS request because they could see the kids through the window, but didn't see me.I was in the bedroom asleep.There was no danger.They awoke me upon entering my bedroom.The ACS worker was annoyed and ordered the removal of my children even though I was home with them. The Judge heard this and upheld the decision to remove my children because I didn't hear them at my door. I took the drug tests and mental health evals.I am not on drugs and I am of sound mind.

Do I have to submit a Notice of Claim to sue NYC's Administration for Children's services and the NYPD?


Asked on 12/27/09, 10:38 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

A Notice of Claim is for a suit under the tort claims act; that is, for what a layperson may know as negligence. From your limited facts, it appears that you may have a case under deprivation of civil rights which is a claim for violation of your rights under the U.S. Constitution. There is no pre-suit requirement for civilians under such a claim. But before you file any claim, it would strongly suggest that you sit down and discuss your case with an attorney that is familar with filing such a claim. Good luck.

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Answered on 1/02/10, 4:38 am
Michael Markowitz Michael A. Markowitz, PC

Locklsey is correct if you are only suing under Federal law. HOWEVER, you may also sue under New York State and New York City civil rights laws. Therefore, I would serve and file a Notice of Claim.

Mike.

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Answered on 1/02/10, 6:48 am


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