Articles Posted in Police brutality

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False arrest claim based on complaint by estranged spouse. Masciello v. Inc. Vill. of Lloyd Harbor, 140 A.D.3d 834 (N.Y. App. Div. 2016)

In an action to recover damages for false arrest and malicious prosecution, the plaintiff challenged an order from the Supreme Court that granted summary judgment to the defendants—the Incorporated Village of Lloyd Harbor, its police department, and two officers—dismissing the plaintiff’s complaint. In New York, false arrest and malicious prosecution…

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Pleva v. Cnty. of Suffolk, 222 A.D.3d 795 (N.Y. App. Div. 2023)

In a legal action seeking damages for negligence, assault, and battery, the defendants appealed a Suffolk County Supreme Court order dated September 10, 2020. The order denied the defendants’ motion for summary judgment dismissing the causes of action alleging negligence, assault, and battery. A cause of action for negligence arises…

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Whether police used excessive force when responding to claims of a domestic dispute. Benitez v. The City of New York, 2024 N.Y. Slip Op. 50370 (N.Y. Sup. Ct. 2024)

Plaintiffs Melody Ann Benitez (“Ms. Benitez”) and Angel Antonio Castro (“Mr. Castro”) filed a lawsuit seeking damages for personal injuries and civil rights violations allegedly sustained during an incident on September 29, 2016. They claim that events that unfolded that evening, including encounters with the police and hospital security, resulted…

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Plaintiffs claimed that the police conducted an unlawful research of her store. Borisova v. Friberg, 18-CV-7440 (AMD) (SJB) (E.D.N.Y. Sep. 25, 2020)

In Borisova v. Friberg, the plaintiff brought a legal action under 42 U.S.C. § 1983 against William Friberg, his company, Triple I Associates, as well as police officers Elizabeth Drozd-Spidle and Rebecca Coogan, and the City of New York (the “City Defendants”). The plaintiff alleged that the defendants unlawfully searched…

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Supreme Court, Dutchess County determined that deputies’ actions caused injury to inmate. Holland v. City of Poughkeepsie, 90 A.D.3d 841 (N.Y. App. Div. 2011)

In New York, excessive force by police occurs when officers use more physical force than necessary to achieve a lawful objective. This includes actions that are unreasonable, unjustified, or beyond what a reasonable officer would use under the circumstances, potentially violating a person’s constitutional rights. Holland v. City of Poughkeepsie,…

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Williams v. City of N.Y., 129 A.D.3d 1066 (N.Y. App. Div. 2015)

In a case seeking damages for civil rights violations under 42 U.S.C. § 1983, police officers in New York appealed a decision denying their motion for summary judgment. The case involved allegations of excessive force during an arrest. The officers, William Danchak, Richard E. Pignatelli, James E. Halleran, Edward J.…

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Question of excessive for when police attempting to get plaintiff to go to the hospital. Holland v. City of Poughkeepsie, 90 A.D.3d 841 (N.Y. App. Div. 2011)

Excessive force in New York refers to the application of force by law enforcement officers beyond what is reasonably necessary to achieve a lawful objective. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, which includes protection against excessive force by police officers. In New…

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Whether excessive force was used to get the plaintiff transported to a hospital. Albaum v. City of N.Y., 2018 N.Y. Slip Op. 30555 (N.Y. Sup. Ct. 2018)

In this case, Judith Albaum sued the City of New York, the New York City Police Department (NYPD), and several police officers to recover damages for personal injuries. The incident occurred when NYPD officers arrived at Albaum’s apartment in response to a call expressing concern for her well-being. Despite Albaum’s…

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Damages sought for false arrest. Macareno v. City of New York, 187 A.D.3d 1164 (N.Y. App. Div. 2020)

The case of Albaum v. City of New York revolves around allegations of false arrest, false imprisonment, and the use of excessive force by the New York Police Department (NYPD). The plaintiff, Judith Albaum, was arrested in Queens County in 2014 and charged with resisting arrest and disorderly conduct. The…

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