New York City Civil Rights Lawyer

Civil rights violations do not always arrive announced. Sometimes they look like a supervisor who suddenly can’t find reasons to promote a qualified employee after learning they filed a complaint. Sometimes they look like police conduct that leaves a person injured, humiliated, and with no clear path to accountability. Sometimes they look like a landlord who finds a pretext to push out a tenant the moment that tenant exercises a legal right. In New York City, these situations happen across every borough, in every industry, and at every level of government. A New York City civil rights lawyer works to identify those violations for what they are and pursue the accountability that the law provides.

New York is one of the most legally protected jurisdictions in the country for individual rights. The City Human Rights Law goes further than federal law in multiple areas. The State Human Rights Law adds another layer. And federal statutes like 42 U.S.C. Section 1983 create pathways to hold government actors directly liable for constitutional violations. The legal framework exists. Using it effectively requires knowing how these different bodies of law interact, which claims are strongest given the specific facts, and where the real pressure points are in litigation against powerful defendants, whether that defendant is an employer, a landlord, a government agency, or law enforcement.

At Mark David Shirian P.C., civil rights representation is part of a litigation practice built around cases where something genuinely wrong happened and someone in power would prefer it stayed buried. The firm handles these cases in New York City courts, New York State courts, and where appropriate, federal court, with the seriousness they demand.

What Civil Rights Claims in New York City Actually Look Like

• Police Misconduct and Excessive Force: Claims arising from unlawful stops, searches, arrests, or uses of force by NYPD officers or other law enforcement. These cases can be brought under Section 1983 for constitutional violations and may also involve claims against the City of New York under a Monell theory if the misconduct reflects a broader policy or practice.
• Workplace Discrimination and Retaliation: The New York City Human Rights Law prohibits discrimination based on race, gender, national origin, religion, disability, sexual orientation, age, and other protected characteristics. It also prohibits retaliation against employees who report discrimination, file complaints, or otherwise exercise protected rights, often the most devastating harm that follows an initial violation.
• False Arrest and Unlawful Detention: New York residents have constitutional and common law protections against being held without probable cause. False arrest claims can arise from law enforcement conduct or, in some circumstances, from private actors who cause or facilitate an unlawful detention.
• Housing Discrimination: The New York City Human Rights Law, the New York State Human Rights Law, and the federal Fair Housing Act all prohibit discriminatory treatment in housing based on protected characteristics. This includes denial of tenancy, unequal terms and conditions, and retaliation for asserting housing rights.
• First Amendment and Free Speech Retaliation: Government employees and contractors who face adverse consequences for protected speech, association, or political activity may have viable civil rights claims. These cases often arise in public sector employment contexts across city and state agencies.
• Disability Rights Violations: Both the Americans with Disabilities Act and the New York City Human Rights Law require reasonable accommodations in employment, public accommodations, and housing. Failures to provide those accommodations, or retaliation for requesting them, can form the basis of civil rights litigation.
• Prisoner and Detainee Rights: Individuals held at Rikers Island or in other city or state facilities retain constitutional rights against cruel and unusual punishment, deliberate indifference to serious medical needs, and other forms of abuse. These claims are brought through Section 1983 and often require navigating specific procedural requirements before filing.

Why Mark David Shirian P.C. Handles These Cases Differently

Founded in 2016 by Attorney Mark D. Shirian, this firm was built around one principle: helping people who have been wronged. That is not a tagline. It describes the actual selection of cases the firm takes on, the employment discrimination claims, the personal injury cases where a power imbalance leaves someone without obvious recourse, and the civil rights matters where the defendant has institutional resources and the client has a legitimate grievance. The firm has recovered millions on behalf of clients across these practice areas.

Civil rights attorney Shawn D. Shirian serves as Senior Associate, meaning clients at this firm work with a team, not a solo practitioner who disappears into other files. Client feedback about this firm consistently points to the same qualities: close attention to the details that matter, genuine effort to reach the right outcome, and communication that keeps clients informed rather than guessing. Those qualities matter especially in civil rights cases, where the process can be long, where government defendants may delay, and where clients need to feel that someone is genuinely in their corner without losing their handle on what is actually happening.

Attorney Mark D. Shirian has been featured in news coverage for work on high-profile cases. The firm’s approach, described as assertive, dependable, creative, and honest, reflects what civil rights litigation actually requires: strategic analysis of which claims to bring and in which forum, creativity in building a case from facts that defendants often contest or minimize, and honesty with clients about what is realistic. A civil rights attorney in New York City who over-promises does their client no favors. This firm does not do that.

What to Do When You Believe Your Civil Rights Were Violated in New York

The first thing to understand is that civil rights claims carry deadlines that are unforgiving. Claims under Section 1983 in New York are subject to a three-year statute of limitations. Claims against a New York City government entity, including the NYPD, generally require a Notice of Claim to be filed within 90 days of the incident before any lawsuit can proceed. Claims under federal employment discrimination statutes require filing a charge with the Equal Employment Opportunity Commission within 300 days. State and city employment discrimination claims have their own procedural tracks. Missing any of these deadlines can eliminate a valid claim entirely, which is why acting promptly matters regardless of how much time appears to remain.

Documentation is critical from the moment a violation occurs. If the violation involved law enforcement, note the names and badge numbers of every officer involved, gather names of witnesses, and seek any available video footage, including security cameras, personal devices, or police body camera recordings. CCTV footage at subway stations, bodegas, and city intersections is often overwritten within days. For workplace discrimination or retaliation, preserve every relevant email, performance review, written policy, and internal communication before leaving the job or having access cut off. For housing discrimination, document every communication with the landlord or management company.

Civil rights cases brought against New York City government actors are litigated in state court at 60 Centre Street in Manhattan (New York County Supreme Court) or in the United States District Court for the Southern District of New York or the Eastern District of New York, depending on the borough where the events occurred. Claims against private employers through state and city agencies may go through the New York State Division of Human Rights or the New York City Commission on Human Rights. Understanding which forum is right for which claim requires analysis of the specific facts, the defendants, and the remedies available in each venue.

One mistake people frequently make is assuming that filing a complaint with the NYPD’s Civilian Complaint Review Board or an employer’s HR department is enough. Those processes serve certain purposes, but they do not substitute for legal representation, and they do not stop time from running on your legal claims. Another common mistake is waiting to see how an internal process resolves before consulting an attorney. Consult an attorney first. Internal processes can affect evidence availability and, in some cases, your legal options.

The Intersection of Civil Rights and Employment Law in New York

A significant portion of civil rights claims in New York City arise from the workplace. New York City’s workforce spans finance, healthcare, hospitality, media, public service, education, and dozens of other sectors. In each of them, the same categories of violations recur: a qualified employee passed over for promotion after reporting discrimination, a whistleblower suddenly placed on a performance improvement plan, a worker whose disability accommodation request goes unanswered until they are terminated for performance issues that the accommodation would have prevented.

What makes New York City different from most jurisdictions is the strength of the New York City Human Rights Law. Unlike federal anti-discrimination statutes, the City Human Rights Law is explicitly required to be construed broadly in favor of plaintiffs. It covers smaller employers. It sets a lower threshold for what counts as a discriminatory action. And it provides for a wider range of remedies, including emotional distress damages, punitive damages in appropriate cases, and attorney’s fees. For employees who experienced discrimination or retaliation, the question is often not just whether a claim exists but which combination of laws, federal, state, and city, gives rise to the strongest possible case.

A civil rights attorney serving New York City clients in employment matters must understand that landscape across all three bodies of law simultaneously. At Mark David Shirian P.C., employment law is a core practice area, not an afterthought. That background gives the firm direct experience in exactly the kinds of civil rights violations that most often arise in the New York workplace.

Questions New Yorkers Ask About Civil Rights Claims

What qualifies as a civil rights violation in New York City?

A civil rights violation occurs when someone in a position of authority, whether a government actor like law enforcement, a public employer, or a private employer or landlord subject to anti-discrimination law, violates a legal right protected by the federal Constitution, a federal statute, or New York State or City law. Common examples include unlawful arrest without probable cause, discrimination based on a protected characteristic in employment or housing, retaliation for exercising a protected right, and use of excessive force by law enforcement.

Can I sue the NYPD or another city agency for violating my rights?

Yes, but procedural requirements apply. Before filing a lawsuit against the City of New York or its agencies, including the NYPD, you must file a Notice of Claim with the New York City Comptroller’s Office within 90 days of the incident. Failure to file this notice on time generally bars the lawsuit. After filing the notice, the City has a period to investigate and potentially offer a settlement before you can proceed to court. Because of how quickly 90 days can pass, consulting an attorney immediately after a violation involving a city actor is critical.

How is the New York City Human Rights Law different from federal civil rights law?

The New York City Human Rights Law is one of the most expansive anti-discrimination laws in the United States. It covers a broader range of protected characteristics than federal law, applies to employers with as few as four employees in some contexts, uses a lower threshold for what counts as a discriminatory or retaliatory act, and must be construed broadly to accomplish its remedial purposes. As a result, claims that might not succeed under federal law can still succeed under the City Human Rights Law.

What damages can I recover in a civil rights lawsuit in New York?

Recoverable damages depend on the type of claim and the defendant. In Section 1983 cases against government actors, compensatory damages, nominal damages, and in some circumstances punitive damages are available. In employment discrimination cases under New York City or State law, damages can include back pay, front pay, emotional distress damages, and punitive damages where the conduct warrants it. Attorney’s fees may also be recoverable. Civil rights cases involving government defendants are subject to specific rules that affect the damages analysis, which is part of why experienced representation matters.

How long does a civil rights lawsuit typically take in New York?

Cases in federal court in the Southern or Eastern Districts of New York and in New York State Supreme Court both have their own timelines. Many civil rights cases take two to four years from filing to resolution, depending on the complexity of the claims, the number of defendants, how aggressively the defendant litigates, and court scheduling. Cases involving the City of New York sometimes settle through the Comptroller’s office or during litigation. Others proceed through discovery and trial. Your attorney can give a more accurate timeline assessment once the specific facts and defendants are known.

I was stopped and searched by police but not charged with any crime. Do I have a civil rights claim?

A stop and search without legal justification can constitute a violation of the Fourth Amendment’s protection against unreasonable searches and seizures, regardless of whether charges were filed. The absence of charges actually strengthens certain claims because it can demonstrate there was no basis for the stop. These cases often require gathering witness information, any available video footage, and any documentation the officers created about the stop. The 90-day Notice of Claim requirement applies if the stop involved NYPD officers or other city law enforcement.

What if I signed a severance agreement with my employer after a civil rights violation?

Severance agreements often include releases of legal claims, and those releases can be enforceable, but there are important exceptions. A release must be knowingly and voluntarily signed. For certain types of claims, including federal age discrimination claims, there are specific requirements for a waiver to be valid. In New York, courts have sometimes found releases unenforceable where the circumstances suggest the employee did not have a meaningful choice. If you signed a severance agreement and believe your civil rights were violated, an attorney should review both the agreement and the circumstances before concluding that your claims are foreclosed.

Can a civil rights violation affect my immigration status?

This depends significantly on the specific facts. Some civil rights violations, particularly those involving wrongful criminal charges or convictions, can have immigration consequences that compound the harm. Conversely, certain immigration protections may apply to victims of crimes or human trafficking. If immigration status is a concern in your civil rights matter, it is important to discuss that with your attorney at the outset so that the legal strategy accounts for it.

What happens if I cannot afford to pay an attorney to handle my civil rights case?

Many civil rights cases, particularly employment discrimination and police misconduct claims, are handled on a contingency fee basis, meaning the attorney is paid from any recovery rather than upfront. Additionally, federal and state civil rights statutes provide for attorney’s fees to be paid by the defendant if the plaintiff prevails. This means that in many civil rights cases, a qualified attorney can take the matter without requiring an upfront retainer. The specifics depend on the type of case and the facts, so discussing the fee arrangement directly with your attorney is the right first step.

My employer retaliated against me for reporting discrimination, but the original discrimination affected someone else. Can I still have a claim?

Yes. Retaliation claims under the New York City Human Rights Law and federal law protect employees who oppose unlawful discrimination regardless of whether they personally were the target of that discrimination. If you reported or complained about discriminatory conduct directed at a coworker, and you subsequently suffered an adverse employment action, the retaliation itself may constitute a separate civil rights violation even if your personal discrimination claim is weaker. Retaliation claims are among the most commonly litigated civil rights matters in New York City workplaces.

Civil Rights Representation Across New York City and the Surrounding Region

Mark David Shirian P.C. represents civil rights clients throughout the five boroughs and beyond. In Manhattan, the firm serves clients from Harlem, Washington Heights, and Inwood through the Upper East Side, Midtown, Chelsea, the West Village, SoHo, and Lower Manhattan. In Brooklyn, the firm handles matters arising in Flatbush, Brownsville, Bed-Stuy, Crown Heights, Sunset Park, Bay Ridge, Williamsburg, and Greenpoint. Queens clients from Jamaica, Flushing, Astoria, Long Island City, Jackson Heights, and Richmond Hill have brought civil rights matters to the firm. In the Bronx, the firm serves clients from the South Bronx, Fordham, Pelham Bay, and Co-op City. Staten Island clients, particularly those dealing with employment-related civil rights matters, are also served.

Beyond New York City, the firm extends its representation to clients throughout New York State, including Westchester County communities such as Yonkers, Mount Vernon, and White Plains; Nassau and Suffolk County residents on Long Island; and clients in other parts of the state who need representation in New York courts. Civil rights attorney representation from this firm is not limited by borough boundaries.

Talk to a New York City Civil Rights Attorney About Your Situation

Civil rights cases require someone who takes the underlying violation seriously and knows how to translate that seriousness into litigation that gets results. At Mark David Shirian P.C., Attorneys Mark D. Shirian and Shawn D. Shirian bring that combination to every client they represent. The firm offers confidential case evaluations, and there is no obligation attached to having that first conversation. If a violation occurred, you should know what your legal options are before any deadlines pass. Reach out to a New York City civil rights attorney at this firm and get a clear-eyed assessment of where you stand.