Key Takeaway
NYC paid $117 million to settle 1,044 police misconduct lawsuits in 2025. Learn about your civil rights, how to file a claim, and what compensation may be available.
This article is part of our ongoing news coverage, with 1 published articles analyzing news issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
New York City taxpayers paid $117 million in 2025 to settle lawsuits involving police and prosecutorial misconduct — and while that figure is staggering, it actually represents a decrease from the record-breaking $206 million paid out in 2024.
The findings, published March 2, 2026 by the Legal Aid Society, reveal a troubling pattern: the 1,044 individual settlements reached last year represent the highest number since 2019, when the city resolved 1,276 cases. Since 2019, New York City has spent more than $796 million resolving police and prosecutorial misconduct claims.
For anyone who has experienced police misconduct in New York — whether excessive force, false arrest, wrongful conviction, or civil rights violations — these numbers carry an important message: the legal system does hold law enforcement accountable, and victims can obtain meaningful compensation.
The Biggest Settlements of 2025: Wrongful Convictions Decades in the Making
Eric Smokes and David Warren: $24.13 Million Combined
The largest settlements of 2025 went to two childhood friends whose lives were destroyed by a wrongful murder conviction nearly four decades ago.
On New Year’s Day 1987, French tourist Jean Casse, 71, and his wife Renée were robbed on 52nd Street in Midtown Manhattan while walking among holiday revelers. Mr. Casse died from severe head injuries after being thrown to the ground.
Eric Smokes, then 19, and David Warren, then 16, were charged with the killing. Both maintained their innocence for decades — through trial, conviction, imprisonment, and parole. It was not until January 2024 that a Manhattan judge vacated their convictions after District Attorney Alvin Bragg’s office agreed the cases should be overturned based on newly uncovered evidence.
In March 2025, the city agreed to pay:
- $13 million to Eric Smokes
- $11.13 million to David Warren
These men spent the prime years of their lives branded as murderers for a crime they did not commit. No amount of money can undo that damage — but the settlements represent a measure of justice that was nearly 40 years overdue.
Kenneth Bacote: $5.75 Million
The third-largest settlement, $5.75 million, went to Kenneth Bacote, who accused NYPD officers of assaulting him in June 2020. Mr. Bacote alleged that officers struck him in the face with a Taser, permanently blinding him in his left eye. He filed suit against the city and the police department the following year.
A Pattern of Abuse at Every Level
In total, 17 cases in 2025 resulted in payments exceeding $1 million. But the vast majority of settlements were for smaller amounts — including $100,000 paid to a man who alleged that a police officer slammed his head into a metal locker while he was handcuffed at a Brooklyn precinct in January 2022.
As Legal Aid Society supervising attorney Jennvine Wong put it: even the smaller settlements represent “egregious examples of what New Yorkers have allegedly endured at the hands of police while taxpayers remain on the hook for the resulting payouts.”
Why These Numbers Keep Growing
The NYPD remains the single city agency responsible for the highest settlement costs year after year. Since 2018, police misconduct lawsuits have cost taxpayers more than $834 million — and that figure likely underestimates the true cost, since it excludes matters settled through the NYC Comptroller’s Office before formal litigation.
The Legal Aid Society’s Cop Accountability Project has identified a core structural problem: officers involved in repeated misconduct face minimal professional consequences. According to Wong, “many of the officers involved in these cases have been sued numerous times for alleged misconduct — some have even been promoted.”
The city comptroller has recommended that the NYPD pay legal settlements from its own operating budget rather than the city’s general fund — a move that would create a direct financial incentive for the department to address misconduct proactively.
Mayor Zohran Mamdani’s spokesperson acknowledged the problem, stating: “Every dollar spent on misconduct settlements is a dollar that can’t go to housing, education, parks, or the services that truly make New Yorkers safer.”
Your Rights After Police Misconduct in New York
If you or a loved one has experienced police misconduct in New York, you may have grounds for a civil rights lawsuit. Here is what you need to know:
Types of Police Misconduct Claims
- Excessive force — Physical assault, Taser misuse, chokeholds, or any force beyond what is reasonably necessary. These cases often overlap with personal injury claims when victims suffer serious physical harm.
- False arrest — Arrest without probable cause or based on fabricated evidence
- Malicious prosecution — Criminal charges pursued without legitimate basis
- Wrongful conviction — Conviction based on suppressed evidence, coerced confessions, or prosecutorial misconduct
- Unlawful search and seizure — Searches conducted without a warrant or probable cause
- Failure to intervene — Officers who witness misconduct by fellow officers and fail to stop it
How to File a Claim
Police misconduct claims in New York involve strict deadlines that differ depending on whether you pursue state or federal remedies:
State claims against New York City:
- You must file a Notice of Claim with the NYC Comptroller’s Office within 90 days of the incident
- You then have one year and 90 days from the date of the incident to file your lawsuit
Federal civil rights claims (42 U.S.C. § 1983):
- The statute of limitations is three years from the date of the incident
- Section 1983 allows you to sue any person acting under color of state or local government who violated your constitutional rights
- Successful plaintiffs can recover compensatory damages (medical bills, lost wages, pain and suffering) and, in some cases, punitive damages
Qualified Immunity Is Not Absolute
Police officers often invoke “qualified immunity” as a defense — arguing they cannot be held personally liable unless the specific conduct was clearly established as unconstitutional. However, this defense has significant limits, and an experienced civil rights attorney can often overcome it by demonstrating that the officer’s actions violated clearly established law.
What Compensation Is Available?
Victims of police misconduct may be entitled to:
- Medical expenses — Emergency treatment, surgery, rehabilitation, and ongoing care related to injuries caused by the misconduct
- Lost income — Wages lost during recovery or incarceration
- Pain and suffering — Physical pain, emotional distress, PTSD, anxiety, and depression
- Loss of liberty — Compensation for time spent wrongfully incarcerated
- Punitive damages — Additional damages designed to punish particularly egregious misconduct
- Attorney’s fees — Under Section 1983, the city may be required to pay your legal fees if you prevail
As the 2025 settlement data shows, these cases can result in significant compensation — from five-figure settlements for individual incidents to multi-million-dollar awards for wrongful convictions and severe injuries.
The Clock Is Ticking on Your Claim
The most critical takeaway from these numbers is this: victims of police misconduct have legal recourse, but the deadlines to act are unforgiving.
The 90-day Notice of Claim requirement for state lawsuits against New York City is one of the shortest filing deadlines in New York law. Missing it can permanently bar your claim — regardless of how clear the misconduct was.
If you or someone you know has been the victim of police misconduct, excessive force, false arrest, or wrongful conviction in New York, contact an experienced civil rights attorney immediately to protect your rights and preserve your legal options.
Frequently Asked Questions
How much does NYC pay in police misconduct settlements each year?
In 2025, New York City paid $117 million to settle 1,044 police misconduct lawsuits, according to the Legal Aid Society. In 2024, the city paid a record $206 million. Since 2019, the total exceeds $796 million.
Can I sue the NYPD for police brutality?
Yes. Under federal law (42 U.S.C. § 1983) and New York Civil Rights Law § 40-c, victims of police brutality can file civil lawsuits seeking compensatory and punitive damages. You must act within applicable statute of limitations deadlines.
What is the statute of limitations for a police misconduct lawsuit in New York?
For state claims against New York City, you must file a Notice of Claim within 90 days of the incident and a lawsuit within one year and 90 days. Federal Section 1983 claims have a three-year statute of limitations.
What is a Section 1983 lawsuit?
Section 1983 of Title 42 of the United States Code allows individuals to sue government officials, including police officers, who violate their constitutional rights while acting under color of law. It is the primary federal statute used in police misconduct lawsuits.
Do I need a lawyer for a police misconduct case?
While not legally required, police misconduct cases involve complex procedural requirements, qualified immunity defenses, and strict deadlines. An experienced civil rights attorney significantly improves your chances of a successful outcome and can help ensure you do not miss critical filing deadlines.
What is the largest police misconduct settlement in NYC history?
Individual wrongful conviction settlements have reached tens of millions of dollars. In 2025, the largest individual settlement was $13 million, paid to Eric Smokes for a wrongful murder conviction dating back to 1987. The five men wrongfully convicted in the Central Park jogger case collectively received $41 million in 2014.
If you have been the victim of police misconduct in New York, time is not on your side. The Law Offices of Jason Tenenbaum can help you understand your legal options and protect your rights. Contact us today for a free consultation.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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