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…
A writ of habeas corpus is a legal petition filed by a person who is detained or imprisoned, challenging the legality of their detention. The purpose of a writ of habeas corpus is to bring the detained individual before a court or judge to determine whether their imprisonment or detention…
Under Vehicle and Traffic Law § 1104, drivers of authorized emergency vehicles engaged in emergency operations enjoy specific privileges. These include the ability to exceed speed limits, proceed past traffic signals and signs, and disregard regulations under certain conditions. However, these privileges come with the obligation to operate the vehicle…
Despite widespread misconceptions, prisoners do have rights protected under the Constitution, particularly under the Eighth Amendment, which prohibits cruel and unusual punishment. This includes the right to be free from conditions that pose a substantial risk of harm, access to necessary medical care, and protection from violence by other inmates…
In New York, nursing home residents are entitled to certain rights and protections under state and federal law. These legal protections ensure that residents receive adequate care and are treated with dignity. When a nursing home fails to meet these standards, the consequences can be severe, leading to injuries or…
Even when people are incarcerated, they retain rights. Under the Eighth and Fourteenth Amendments of the U.S. Constitution, prisoners in New York, as in other states, are entitled to certain rights aimed at protecting them from cruel and unusual punishment and ensuring due process of law. The Eighth Amendment prohibits…
Inmates are protected from the use of excessive force by various laws and regulations at both the federal and state levels. One significant federal statute is the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment, including the use of excessive force by correctional officers. This…
In the case of Albert Rodriguez v. The City of New York et al., the plaintiff alleged that he slipped and fell on a wet floor at the Anna M. Kross Center correctional facility on Rikers Island, where he was incarcerated. He claimed that the dangerous condition was caused by…
This case involves a collision between a plaintiff’s vehicle and a police vehicle operated by Officer Kelly Rougeux of the Niagara Falls Police Department. The plaintiff sought damages for injuries sustained in the accident, alleging negligence on the part of Officer Rougeux. Vehicle and Traffic Law § 1104 grants certain…