Legal Question in Civil Litigation in New York

Re: False Arrest

You may have a case but it depends on what the circumstances were. While another attorney replied that you have a "slam dunk," that is not an opinion I would feel comfortable giving you until I at least read the letter from DMV. My firm handles these cases on a contigency basis. Feel free to call us at 212-622-7180 if you wish to discuss.

Re: False Arrest

It depends on how/why your license was incorrectly suspended. The courts have carved out niches for ministerial and administrative acts by Governmental agencies who have otherwise waived their immunity, subject to prior written notice and/or timely Notice of Claim rules. In these categories, like clerical error for a possible example, you may run into such an exception. Why do you say it was improperly suspended?

The DMV is a State agency so you would need to sue the State in the Court of Claims. To protect yourself, you should serve a timely Notice of Claim on the State, and determine the liability issues of exactly why your license was improperly suspended second; without timely notice you will lose the opportunity to bring the claim.

If you weren't claiming the malicious prosecution, or wrongful arrest as a result you might get by without the notice; but these are tort claims and do require the 90 day notice.

Another possibility is a federal court action for violation of your civil rights under color of law, an action under 42 USC 1983. I would still serve the Notice.

Re: False Arrest

Yes. You have a case largely against DMV and the state of NY. The case is a likely 'slam-dunk' and the possible trial will focus exclusively on your damages.

There is some urgency in deciding on a lawyer because the first filing deadline (notice of claim) is 60 days from the event.

You are welcome to a consultation for no fee,