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FeaturedJanuary 08, 2024

Are All NYC Employees Protected by Qualified Immunity?

You May Be Entitled to Compensation if You Were Injured By An NYC Employee

All government employees, including New York City employees, are protected by qualified immunity from civil lawsuits. This means that in many cases you cannot sue an NYC employee. However, there are exceptions to the rule. 

If you were injured by a New York City employee, you may still be entitled to compensation. Only an experienced attorney can determine if your case falls under qualified immunity or if you can file a claim. Contact The Case Handler today for a free consultation, or keep reading for more information. 

Your choice of attorney in a personal injury matter may be one of the most important decisions you can make. For the past 15+ years, Adam Handler has been considered one of New York’s and New Jersey’s most trusted and reputable attorneys.

What Is Qualified Immunity of New York City Employees?

The Institute for Justice has a very helpful guide on qualified immunity, as well as statistics regarding why it should be abolished. Essentially, qualified immunity protects government employees from civil liability if they are negligent, even if that negligence was intentional. 

There are exceptions to the qualified immunity rule. If the government employee violated your civil rights, you are still entitled to compensation. Likewise, if the employee acted against the constitution, you are entitled to compensation. 

What New York City Employees Are Protected By Qualified Immunity?

All New York City employees are protected by qualified immunity. This includes everyone from the mayor to the clerk at your local public school. It includes police, public utility workers, and code officials. 

However, keep in mind that not everyone working on a city job site is a city employee. For example, road workers are often on private payroll. When this is the case, your personal injury claim is much easier to prove. If you aren’t sure if the employee worked for the city, it is best to contact an attorney. 

Can I Sue a New York City Employee for Injuries Caused By Negligence?

Whether or not you can sue a New York City employee for your injuries depends on whether or not you can prove that qualified immunity doesn’t apply. This requires finding previous constitutional law or judicial cases that prove the employee violated the Constitution. 

For example, if you were assaulted as a result of racial profiling, you could sue the employee for your injuries because they acted unconstitutionally. However, if a city utility worker tripped you intentionally and you were a random target, that worker would be protected by qualified immunity.

How Do I Prove That Qualified Immunity Doesn’t Apply?

Proving that qualified immunity doesn’t apply falls on the plaintiff. This means that you must prove that it doesn’t apply before you can file your claim. The only way to deny qualified immunity is to show that the employee acted unconstitutionally.

Constitutional law is highly complex. Not only must one understand the Constitution itself, including all amendments, but one must also be able to discover if any previous cases declared the negligent act unconstitutional. Federal courts, state supreme courts, and the US Supreme Courts all release decisions and opinions on constitutional law. 

It is only an experienced personal injury attorney that can help you in your case, and determine if qualified immunity applies.

The Case Handler Is Experienced in Constitutional Law

Because the burden of proof falls on the plaintiff, it is extremely important to seek the help of an attorney who’s experienced in constitutional law and its application to personal injury claims. That attorney must be dedicated to your unique situation, and be prepared for trial if need be. 

The Case Handler has handled many personal injury cases against New York City employees, and we can dedicate the time and energy it takes to ensure your claim is valid. Contact us today for a free consultation.

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