What changed, and when
The rules that decide a police abuse case are made in several places at once: the Supreme Court, the circuits, the state legislatures, the New York City Council, and the agencies that publish the data. Here are the changes since 2018 that most often alter the answer, newest first. Every item links to the page on this site that explains what to do about it.
We monitor the Supreme Court, the Second, Third and Eleventh Circuits, the New York Court of Appeals and the New Jersey Supreme Court on Section 1983, qualified immunity, probable cause and force; the New York, New Jersey and Florida legislatures on notice, limitation, immunity and caps; the New York City Council on Title 8; Congress on qualified immunity bills; and the Legal Aid Society, the Comptroller and the CCRB for the data. When something changes, we update the affected pages, change the deadline tool's rule table in the same pass, and roll the "current as of" dates forward.
Nothing here is legal advice about your case. If one of these developments touches your claim, call (718) 484-7510.
The changes
Each one is drawn from a primary source in our verified ledger, and each links to the page on this site that explains what it means for a claim.
Florida's cap increase vetoed
HB 145 (2026) would have raised the sovereign immunity caps from $200,000 per person and $300,000 per incident to $350,000 and $500,000 for claims accruing on or after October 1, 2026. It passed the House 104 to 7 and the Senate 36 to 0 and was vetoed by the Governor. The statutory caps in Fla. Stat. § 768.28(5)(a) are unchanged.
New Jersey bill to end qualified immunity under the Civil Rights Act
A5120 would provide that qualified immunity and other judicially established or statutory immunities do not apply to claims under the New Jersey Civil Rights Act. Introduced, not enacted. Under Morillo v. Torres the immunity applies to those claims today.
A second qualified immunity reversal, in an in-custody death
Smith v. Scott: the Court summarily vacated the Ninth Circuit's denial of qualified immunity to Las Vegas officers in an in-custody death and sent the case back in light of Zorn. Three justices noted dissent. Reported from secondary sources; we are re-verifying the disposition.
Qualified immunity for a wristlock on a seated protester
Zorn v. Linton, No. 25-297: the Court reversed the Second Circuit's denial of qualified immunity to a Vermont officer who used a rear wristlock on a passively resisting sit-in protester after warnings, holding that no precedent placed the question beyond debate. Per curiam, 6 to 3.
A conviction does not bar a suit for prospective relief
Olivier v. City of Brandon, No. 24-993: Heck v. Humphrey does not bar a Section 1983 suit seeking purely prospective relief, even by a person convicted under the same ordinance. Unanimous.
The 2025 payout figures
The Legal Aid Society's analysis of City data: 1,044 NYPD misconduct lawsuits resolved in 2025 for a total of $117,251,230.82 in settlements and judgments, the fourth straight year above $100 million. The figures exclude pre-litigation Comptroller settlements.
Emergency entry needs only an objectively reasonable basis
Case v. Montana, No. 24-624: a warrantless entry into a home to render emergency aid requires only an objectively reasonable basis, not probable cause. Unanimous.
Qualified Immunity Abolition Act of 2026 introduced
S.3625 and H.R.7046 in the 119th Congress would abolish the defense. They join H.R.3602 and S.1913 (Ending Qualified Immunity Act) and, in the other direction, S.122 and H.R.503 (Qualified Immunity Act of 2025), which would codify it. All at introduction stage; no federal reform has been enacted.
The "moment of threat" rule rejected
Barnes v. Felix, No. 23-1239: the reasonableness of force is judged on the totality of the circumstances, with no rule confining the analysis to the seconds before the force was used. Unanimous.
Malicious prosecution, charge by charge
Chiaverini v. City of Napoleon: probable cause for one charge does not defeat a Fourth Amendment malicious prosecution claim as to a separate baseless charge. The same day, Gonzalez v. Trevino held that the retaliatory arrest exception in Nieves is not limited to specific comparators.
No Miranda claim; no Bivens claim against Border Patrol
Vega v. Tekoh (June 23): a Miranda violation is not itself actionable under Section 1983. Egbert v. Boule (June 8): no Bivens damages remedy for excessive force by a Border Patrol agent or for First Amendment retaliation.
Favorable termination means no conviction
Thompson v. Clark: a Fourth Amendment malicious prosecution claim requires only that the prosecution ended without a conviction, not an affirmative indication of innocence. 6 to 3.
New York City removes the qualified immunity defense
Local Law 48 of 2021 added Administrative Code §§ 8-801 to 8-807: a civil right of security against unreasonable search and seizure and excessive force by NYPD employees, enforceable against the employee and the City, with no qualified immunity defense and a three-year limitation period. Effective on return unsigned, April 26, 2021.
Nominal damages keep a case alive
Uzuegbunam v. Preczewski: a request for nominal damages redresses a completed violation, so a claim does not become moot when the injury cannot be priced.
50-a repealed; the right to record police
Civil Rights Law § 50-a, which shielded police disciplinary records, was repealed on June 12, 2020 (Ch. 96, L. 2020); the records are now available by FOIL. Civil Rights Law § 79-p, effective July 14, 2020, created a right to record law enforcement activity with a civil action for damages.
New Jersey's statewide use of force policy
Attorney General Directive 2020-13 revised the statewide Use of Force Policy: force as a last resort, a duty to intervene and to render aid, a chokehold ban, and reporting of every use of force to the statewide portal within 24 hours. Updated since, most recently in September 2025.
The fabricated evidence clock starts at favorable termination
McDonough v. Smith: a Section 1983 claim for fabricated evidence accrues when the criminal case ends in the plaintiff's favor, not when the fabrication is discovered. The same term, Nieves v. Bartlett (May 28) set the probable cause rule for retaliatory arrest and its exception.
The Right to Know Act takes effect
Local Laws 54 and 56 of 2018: an NYPD officer who stops you must identify themselves by name, rank, command and shield number and give you a business card with complaint and body-camera request information; an officer asking to search without a warrant must tell you that you may refuse, and document consent.
Tell us what happened.
One conversation with an attorney, in your language. We tell you which claims the facts support, which deadline runs first for the agency involved, what evidence to preserve this week, and whether a pending criminal case changes the timing. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510If a criminal charge is still open, talk to your defense lawyer before you describe the arrest to anyone, including us. English, Russian and Spanish in-house; an interpreter for any other language. Contingency fee, confirmed in writing before we begin.