Inmates in New York have rights to practice their religion, protected under the First Amendment of the United States Constitution. These rights include the freedom to believe in and worship any religion of their choice. The New York Department of Corrections is required to accommodate inmates’ religious practices to the…
While it stands to reason that if a corrections officer uses excessive force against a prisoner, that officer and the faclity would be liable for serious injuries suffered by the prisoner. However, it is also the case that under certain circumstances, the facility may be liable where one prisoner assaults…
New York’s Public Health Law § 2801-d allows patients of residential health care facilities, like nursing homes, to pursue legal action if they are deprived of rights or benefits outlined in contracts or state regulations. The law provides a means for patients to seek compensation when facilities fail to meet…
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…
In New York, inmates have rights to freedom of religion, protected under the First Amendment and RLUIPA. They cannot be subjected to medical procedures conflicting with their religious beliefs, as upheld by courts, ensuring religious accommodation within correctional facilities. In Redd v. Wright, 597 F.3d 532 (2d Cir. 2010) plaintiff…
Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018) involves the unfortunate circumstances surrounding the injury and subsequent death of Sarah Louise Drayton, a long-term resident of a New York nursing home. The legal action arose from alleged negligence by the nursing home…
In New York, corrections officers have a duty to ensure the safety and well-being of inmates while they are in custody. Under the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment, officers must avoid inflicting unnecessary and excessive harm on inmates. They are required to act…
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,…
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.…
When it comes to pursuing claims against negligent nursing homes for abuse or negligence, claims must be filed within the limitations periods. In New York, the statute of limitations for personal injury claims is generally three years from the date of the injury. This means that a lawsuit for personal…