Upon arrival at New York prisons, new inmates undergo a comprehensive screening process to detect communicable diseases like tuberculosis (TB). This testing is essential due to the highly contagious nature of TB and the close living quarters within correctional facilities, which create an environment conducive to disease transmission. The screening…
The case of Hudson v. McMillian addresses the boundaries of what constitutes cruel and unusual punishment in the context of excessive force by prison officials. This landmark decision by the Supreme Court clarified whether significant injury is required to establish a violation of the Eighth Amendment when a prisoner alleges…
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…
The Eighth Amendment prohibits cruel and unusual punishment for inmates in New York prisons. This means that prison officials cannot intentionally harm or mistreat inmates. Inmates have the right to be free from excessive force, deliberate indifference to their medical needs, and unsafe conditions that pose a serious risk to…
In the context of prisoner abuse, a violation of the Eighth Amendment occurs when an inmate endures cruel and unusual punishment, such as physical abuse by correctional officers. This includes any excessive force or harsh conditions that are deemed unconstitutional. The Fourteenth Amendment violation involves the denial of due process,…
Excessive force refers to the application of force by law enforcement officers that exceeds what is reasonably necessary to effectively control a situation, prevent harm, or make an arrest. While officers are permitted to use force in certain circumstances, such as when facing resistance or threats to safety, the force…
Inmates have a constitutional right to adequate medical treatment, protected under the Eighth Amendment. This includes protection from deliberate indifference to serious medical needs. While the scope of this right is subject to limitations and considerations of prison administration, such as cost and security, authorities are obligated to provide essential…
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…
In Rivera v. Westchester County, 188 Misc. 2d 746 (N.Y. Sup. Ct. 2001), defendants County of Westchester, Joseph Stancari, Officer Savino, and Sergeant Rushin were faced with allegations regarding their treatment of a pretrial detainee, Ivan Figeroa, Jr., who tragically died by suicide while in custody at the Westchester County…
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…