New York Civil Rights & Criminal Defense Lawyers
New York Civil Rights And Criminal Law Blog
You have a right against police brutality
The duty of a law enforcement officer is to protect the people of their assigned jurisdiction. Therefore, the state grants them a degree of power to enforce the law. The problem is when police officers abuse their power through violence and violate the rights of the people they swore to protect. Police brutality occurs when officers go beyond their legal limits to carry out their duties, using excessive or unjustifiable force. They manipulate the law to further their interests. Police brutality infringes on a civilian’s rights to…
New York man exonerated after spending 24 years in prison
A New York man who spent 24 years behind bars for a crime he did not commit walked out of a Putnam County courtroom a free man on Feb. 27 after a jury returned a not guilty verdict after just a few hours of deliberation. The man’s fate was left in the hands of a jury because the Putnam County District Attorney’s Office insisted on a retrial when the man’s 1997 conviction was overturned. Reluctant witness The man was convicted of abducting, raping and murdering a 12-year-old…
Police excessive force is costing New Yorkers millions of dollars
During the summer of 2020 following the death of George Floyd, many New Yorkers took to the streets to protest his treatment at the hands of the police. Many found that the response from the NYPD was overly harsh, and now reports have confirmed that hundreds of cases of excessive force took place during the police response. This builds on a history of police interaction with the residents of New York City, and it has become a significant financial burden for the city. These losses continue to…
5 Ways police officers commit breach of public trust
New York law enforcement plays a crucial role in maintaining social order and public safety. However, instances of police misconduct can erode public trust, undermine the justice system and lead to negative outcomes for individuals and communities. It is critical to recognize and address these issues to reduce unfair practices. Excessive use of force While law enforcement officers have the authority to use force when necessary, it must be proportional and within the limits prescribed by the law. Unfortunately, instances arise where officers employ force beyond what…
Excited delirium in police brutality cases
When a suspect dies while in police custody, “excited delirium” is often cited as the cause of death. Medical examiners concluded that excited delirium killed a 41-year-old man who was arrested by the New York City Police Department in 2020, a 43-year-old man who was taken into custody in Missouri in 2019 and a 22-year-old man who was repeatedly tased by Wisconsin police officers in 2017. Police training manuals describe excited delirium as a condition characterized by extreme agitation, hallucinations and unusual displays of strength, but it…
Mental health challenges of recently released prisoners
The process of reintegration into society can be overwhelming for those who have recently been released from a New York prison. Along with the logistical and practical challenges of finding a job and securing housing, they often face significant mental health challenges as well. Sense of isolation One of the most significant mental health challenges facing recently released prisoners is the sense of isolation and alienation that they often experience. After spending months or years in prison, they may feel disconnected from their families, friends and communities.…
Understanding police brutality in New York
New York has a difficult history when it comes to police misconduct. Although there has been some progress in the relationship between police and community members, many issues still need to be resolved. What is police brutality? Police brutality could be defined as unlawfully using excessive force or violating a citizen’s civil rights when dealing with the public. Under New York law, this includes activities like: Causing physical or psychological harm Tampering with or mishandling evidence Using coercion False imprisonment or arrest Falsifying police reports Sexual misconduct…
Are NYC’s aggressive defense tactics enabling police brutality?
New York City spent approximately $121 million to settle police misconduct cases in 2022, and between $4 million and $6 million of that money was paid to 300 people who were boxed in and violently arrested while protesting in the Bronx in 2020. The amount the city is paying to police misconduct victims has raised questions about the way these cases are being handled by the Law Department’s Special Federal Litigation Department. The Law Department is tasked with defending the city and all of its agencies, but…
Can we train the police to avoid violence?
According to a report published by Mapping Police Violence, 1,123 died at the hands of the police in 2022. That number forces residents of New York to ask themselves several hard questions, including the viability of changing the way police officers receive training. Is there a way to train police officers to turn away from violence? Current police training As things currently stand, the United States offers no uniform training model for police departments across the nation. Based on national averages, officers receive around three months of…
Court rules that warning about police activity is free speech
A federal appeals court has ruled that warning others about police activity is a form of speech and protected by the First Amendment. The civil rights case involved a Connecticut man who was arrested in 2018 for holding up a sign that warned motorists about a nearby police checkpoint. The misdemeanor interference charge against the man was later dropped. The U.S. Court of Appeals for the Second Circuit ruled that the man’s arrest and the confiscation of his sign and cellphone violated rights protected by the First…
Tell Us About Your Case
Fields marked with an * are required
"*" indicates required fields
Contact Us
Sivin, Miller & Roche LLP
20 Vesey Street
Suite 1400
New York, NY 10007
Ph: 212-349-0300
Fax: 212-406-9462
© 2024 Sivin, Miller & Roche LLP. All Rights Reserved.