If you were wrongfully convicted, held by police without lawful grounds, or otherwise mistreated by someone acting under government authority, the harm does not end when the handcuffs come off. It follows you into your job search, your relationships, and every background check you will face for years. Kreizer Law’s civil rights team has stood in that fight before, most notably as counsel to Korey Wise in the Central Park Five case, and we know how to turn a wrongful conviction or civil rights violation into a case that holds the government accountable.
This page walks through what a civil rights claim looks like in New Jersey and New York, how wrongful conviction compensation works in each state, what a false imprisonment or police misconduct claim requires, and what to expect if you decide to move forward.
Key Takeaways
- Wrongful convictions and civil rights violations are two separate but related legal problems, and each has its own path to compensation.
- New Jersey and New York both have laws that compensate people who were wrongly convicted and imprisoned, separate from any lawsuit against the officers or agencies involved.
- Civil rights claims against police or government employees can be brought under federal law, New Jersey state law, or both, depending on where the violation happened.
- Strict deadlines apply, some as short as 90 days, so early legal advice matters even if you are not ready to file yet.
- Kreizer Law represented Korey Wise in the Central Park Five litigation, which settled for $41 million, with $12.25 million going to our client.
What Counts as a Civil Rights Violation in New Jersey or New York?
A civil rights violation happens when someone acting under government authority, usually a police officer, prosecutor, or corrections official, deprives you of a right guaranteed by the U.S. Constitution or state law. That includes an arrest made without probable cause, excessive force during an arrest, a prosecution built on fabricated or withheld evidence, or being held in custody longer than the law allows.
Not every bad interaction with police rises to a civil rights violation. The conduct has to cross a legal line, not just feel unfair. An officer being rude is not the same as an officer detaining you without justification. A civil rights lawyer’s first job is sorting out which situation you are actually in, and whether the facts support a claim under federal law, state law, or both.
Common Warning Signs of a Wrongful Conviction
A wrongful conviction usually traces back to one of a few recurring problems: a false confession, a mistaken eyewitness, evidence that was withheld or mishandled, or bias that shaped how the investigation was run. Recognizing which one applies to your case is often the first step toward reopening it.
False Confessions
People confess to crimes they did not commit more often than most jurors assume, usually after hours of pressure-filled questioning without a parent, guardian, or attorney present. A confession that contradicts the physical evidence, or that changes each time it is retold, is a red flag worth raising with an attorney.
Eyewitness Misidentification
A rushed or suggestive identification procedure can convince an honest witness they saw someone they did not. Misidentification remains one of the most frequently cited factors in proven wrongful convictions nationwide.
Withheld or Fabricated Evidence
Prosecutors are constitutionally required to turn over evidence that could help the defense. When that evidence is buried, destroyed, or never tested, an innocent person can be convicted on an incomplete picture of the facts.
Bias in the Investigation
Race, class, and public pressure to “solve” a high-profile crime can all distort how police and prosecutors build a case, pushing them toward a suspect before the evidence supports it.
Our Firm’s Role in the Central Park Five Case
David Kreizer, along with co-counsel, represented Korey Wise, one of the five teenagers convicted in the 1989 Central Park jogger case before DNA evidence and a confession from the actual perpetrator led to the convictions being vacated. After more than a decade of the city refusing to settle, New York agreed in 2014 to resolve the civil rights lawsuit for $41 million, with $12.25 million going to Mr. Wise. You can see how that case unfolded, from the initial arrests through the eventual settlement, in our detailed account of the Central Park Five litigation. That case remains one of the entries on our case results page, and it shaped how our firm approaches every wrongful conviction and civil rights case that follows it.
Can I Get Compensation for a Wrongful Conviction in New Jersey or New York?
Yes. Both New Jersey and New York have statutes that let a wrongly convicted person seek money damages from the state once their conviction has been overturned, separate from any lawsuit against the individual officers involved. The two states set up that process differently, so which one applies depends on where you were convicted.
New Jersey’s Mistaken Imprisonment Act
New Jersey’s compensation law, formally the Mistaken Imprisonment Act and often called the Erroneous Conviction Act, is codified at N.J. Stat. Ann. Section 52:4C-1 through Section 52:4C-7. A claimant who proves by clear and convincing evidence that they did not commit the crime, and did not plead guilty to it, can recover twice their income in the year before incarceration or $50,000 for every year they were wrongly imprisoned, whichever amount is greater. The law also allows non-monetary relief such as tuition assistance, counseling, and health insurance coverage. A claim must be filed within two years of release or pardon.
New York’s Unjust Conviction and Imprisonment Claims
New York’s version of this remedy lives in Section 8-b of the Court of Claims Act. A claimant must prove by clear and convincing evidence that they were convicted, imprisoned, and later had that conviction reversed or vacated on grounds consistent with innocence. Claims under Section 8-b are generally filed within two years of the reversal, vacatur, or dismissal, and must be brought against the state in the Court of Claims rather than a county or city court.
Can I Sue the Police or a Government Agency for Violating My Civil Rights?
In many cases, yes. When a police officer, prosecutor, or other government employee violates your constitutional rights while acting in their official role, you may be able to sue them personally, sue the agency that employs them, or both, depending on the claim. The Central Park Five settlement is a clear example: the claims were not against any one officer’s pension, but against the City of New York itself for the actions taken under its authority.
Federal Claims Under Section 1983
The main federal tool for these cases is 42 U.S.C. Section 1983, which allows a person to sue a state or local official who violated a constitutional right while acting under color of law. A Section 1983 claim must generally be filed within two years in New Jersey and within three years in New York, since federal law borrows each state’s personal injury deadline for these claims.
New Jersey Civil Rights Act Claims
New Jersey also has its own state law remedy, the New Jersey Civil Rights Act, found at N.J. Stat. Ann. Section 10:6-1 and Section 10:6-2. It lets a person sue for deprivation of substantive due process, equal protection, or other rights secured by the state or federal constitution, and it carries the same two-year filing window as a Section 1983 claim brought in New Jersey.
False Imprisonment and Malicious Prosecution
Beyond the constitutional claims, an unlawful detention by police or a prosecution pursued without real evidence can also support a state law tort claim. If you were held against your will, without your consent and without lawful grounds, you may be able to sue for false imprisonment even where a broader civil rights claim is harder to prove. These claims often move on a faster timeline than a wrongful conviction case, since they do not require waiting for a conviction to be overturned first.
Damages You Can Recover in a Civil Rights Case
Compensation in a civil rights case generally falls into a few categories. Economic damages cover lost wages, legal fees spent defending the original charges, and any measurable financial loss tied to the wrongful arrest, prosecution, or imprisonment. Non-economic damages address the emotional toll, including the fear, humiliation, and loss of reputation that comes with being wrongly accused or imprisoned. In cases involving especially reckless or intentional misconduct by a government actor, a court may also allow punitive damages, meant to punish the conduct and deter it going forward, on top of whatever compensatory award is appropriate.
How Long Do I Have to File a Civil Rights Claim in New Jersey or New York?
Deadlines in these cases are unforgiving, and they vary depending on which type of claim you are bringing. A federal Section 1983 claim allows two years in New Jersey and three years in New York. A New Jersey Civil Rights Act claim follows the same two-year window. A state law false imprisonment claim in New York carries a much shorter one-year deadline under New York’s rules for intentional torts, which makes early legal advice especially important if your claim rests on state law rather than federal law.
If your claim involves suing a New Jersey public entity or its employees under state law, the New Jersey Tort Claims Act generally requires a formal notice of claim within 90 days of the incident, well before the underlying lawsuit itself is due. New York imposes a similar 90-day notice of claim requirement for state law claims against a municipality. Missing either notice deadline can bar an otherwise valid claim before it ever reaches a judge, so do not wait to speak with an attorney if you believe your rights were violated.
The Cost of Working With a Civil Rights Lawyer
Kreizer Law takes civil rights and wrongful conviction cases on a contingency basis, meaning there is no upfront cost to you and no fee unless we recover compensation on your behalf. That same fee structure applies whether your case involves a wrongful conviction, a false imprisonment claim, or a workers’ compensation matter running alongside it, so cost should never be the reason someone with a legitimate claim goes without representation.
Steps to Take After a Wrongful Conviction or Civil Rights Violation
The steps you take in the first weeks after a conviction is overturned, or after an incident of police misconduct, often shape how strong your later case will be.
- Gather your records early. Start collecting court records, police reports, and any correspondence connected to the original case as soon as you can. These documents get harder to obtain the longer you wait.
- Write down what you remember. Record everything you remember about the incident while the details are still fresh, including names, dates, and anyone who witnessed what happened.
- Stay off the record publicly. Avoid discussing the details publicly or on social media until you have spoken with an attorney. Public statements can sometimes be used against you later.
- Contact a civil rights attorney promptly. Reach out without delay, given how short some of the filing deadlines can be.
If the misconduct you experienced happened inside a hospital, nursing facility, or other institutional setting rather than during an arrest, that may point toward a nursing home abuse claim or a sexual abuse claim instead of, or alongside, a civil rights case, and our attorneys can help sort out which path fits your situation. The same is true if your injuries came from an accident rather than government misconduct, in which case our personal injury team can take on the case directly.
Frequently Asked Questions About Civil Rights and Wrongful Conviction Claims
Q. What is the difference between a civil rights lawsuit and a criminal appeal?
A. A criminal appeal challenges your conviction inside the criminal court system and can result in a new trial or dismissal. A civil rights lawsuit is a separate case, filed after the conviction is overturned or the misconduct occurred, seeking money damages from the people or agencies responsible. You may need both, handled by attorneys familiar with each process.
Q. Do I need to have already won my criminal appeal before I can file a civil rights claim?
A. For a wrongful conviction compensation claim under New Jersey or New York law, yes, your conviction generally needs to be vacated or reversed first. A false imprisonment or excessive force claim tied to an arrest, however, can often move forward without waiting on a separate criminal appeal.
Q. Can I sue a police officer personally, or only the department?
A. Both are often possible. Federal civil rights claims under Section 1983 typically name the individual officer, while related claims may also reach the municipality or agency that employed them, depending on the facts and the legal theory involved.
Q. What is qualified immunity, and does it stop my case?
A. Qualified immunity can shield individual officers from personal liability unless their conduct violated a clearly established constitutional right. It is a real obstacle in some cases, but it does not automatically end a claim, and an experienced civil rights attorney can assess whether it applies to your facts.
Q. How much compensation did the Central Park Five receive?
A. The five men settled their civil rights lawsuit against the City of New York in 2014 for $41 million total. David Kreizer, along with co-counsel, represented Korey Wise, who received $12.25 million of that settlement.
Q. Is New Jersey’s wrongful conviction law the same as New York’s?
A. No. New Jersey’s Mistaken Imprisonment Act pays twice your prior year’s income or $50,000 per year of wrongful imprisonment, whichever is greater, and requires filing within two years of release. New York’s Court of Claims Act Section 8-b instead requires proof that your conviction was reversed on grounds consistent with innocence, filed in the Court of Claims within roughly two years of that reversal.
Q. What if I confessed to the crime I was convicted of?
A. A confession alone does not automatically disqualify a wrongful conviction claim, especially where the confession was coerced, contradicted the physical evidence, or was later withdrawn. Courts have recognized that false confessions happen, and an attorney can evaluate whether your specific confession still allows a claim.
Q. Can I still sue if the officer involved has since retired or left the department?
A. Often yes. Civil rights claims generally attach to the person’s conduct while they were acting under government authority, not their current employment status, though the specifics can affect strategy and which defendants are named.
Q. What evidence do I need to bring a false imprisonment claim?
A. You generally need to show you were confined against your will, that the confinement was intentional, that there was no lawful basis for it, and that you suffered harm as a result. Police reports, booking records, video footage, and witness statements are often central to proving these elements.
Q. Does it matter if my case received media attention?
A. Media attention can complicate a case in both directions. It can pressure officials to settle, as happened in the Central Park Five litigation, but it can also make jury selection and public perception more difficult to manage. Your attorney’s job is to use that attention to your advantage rather than let it work against you.
Q. What if the misconduct happened years ago?
A. Some claims, like wrongful conviction compensation, are tied to when your conviction was overturned rather than when the original arrest happened, which can open a claim even years later. Other claims have shorter windows tied to the date of the incident itself, so the timing analysis depends heavily on which type of claim applies.
Q. How do I get started with Kreizer Law on a civil rights case?
A. Reach out through our contact page for a free, no-cost case evaluation. We will review the facts, explain which claims may apply to your situation, and walk you through next steps, all before you owe us anything.
Talk to a New Jersey and New York Civil Rights Lawyer Today
Wrongful convictions and civil rights violations steal time, income, and reputation that no settlement can fully replace, but a properly built case can hold the responsible parties accountable and get you the compensation the law allows. Contact Kreizer Law to schedule a free consultation with a civil rights team that has taken on the government before and won.
About the Author
David P. Kreizer is the founder of Kreizer Law, where he concentrates in plaintiff’s personal injury, nursing home abuse, sexual abuse, and civil rights litigation. Admitted in New Jersey and New York, he has extensive trial and litigation experience in both states’ state and federal courts. A graduate of New York Law School (J.D., 2005), David has been named to the Super Lawyers list every year since 2013 in the field of Plaintiff’s Personal Injury and holds an AV Preeminent rating from Martindale-Hubbell. He served as co-counsel in the Central Park Five civil rights litigation (prior results do not guarantee a similar outcome). You can read more about David P. Kreizer and his background.
About the Author
David P. Kreizer is the founder of Kreizer Law, where he concentrates in plaintiff’s personal injury, nursing home abuse, sexual abuse, and civil rights litigation. Admitted in New Jersey and New York, he has extensive trial and litigation experience in both states’ state and federal courts. A graduate of New York Law School (J.D., 2005), David has been named to the Super Lawyers list every year since 2013 in the field of Plaintiff’s Personal Injury and holds an AV Preeminent rating from Martindale-Hubbell. He served as co-counsel in the Central Park Five civil rights litigation (prior results do not guarantee a similar outcome). You can read more about David P. Kreizer and his background.
