Can you file a civial sute against NYPD for damges &, the disstress cause of the damage.

UPDATED: Jun 15, 2009

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Can you file a civial sute against NYPD for damges &, the disstress cause of the damage.

NYPD broke into my appartment & shot the family pet with no cause.

Asked on June 15, 2009 under Personal Injury, New York


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The general rule is that the fourth amendment prohibits officers from entering your home without a warrant.  Although the rule is subject to some exceptions, the applicability of which is impossible to determine without additional facts, if the officers did not have a warrant and they did not enter pursuant to consent or exigent circumstances, your fourth amendment rights may have been violated.  Moreover, shooting the family pet may constitute an illegal seizure also in violation of the fourth amendment, since pets are technically considered "property" in a legal sense.  42 U.S.C. sec 1983, otherwise known as the federal tort claims act, allows plaintiffs to recover monetary damages for constitutional violations.  Based upon the facts that you have provided, you may have a basis to sue the police.  I suggest that you consult with a civil rights attorney to discuss the merits of your case at your earliest convenience. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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