New York Civil Rights & Criminal Defense Lawyers
New York Civil Rights And Criminal Law Blog
If you face drug charges, protect yourself with a good defense
As someone who has been accused of a drug crime, it’s important for you to build a defense. Whether you were selling drugs or were simply caught up in a sting accidentally, it’s vital that you protect your own best interests. In New York, you can face serious penalties for even being in possession of drugs. Offenses can be harshly penalized with time in jail, heavy fines or other punishments. To obtain a conviction, the prosecution has to: Show that you were in possession of a controlled…
Rivera’s Implications: Examination of an Open Case
Written by Kate Belsito, Legal Intern at Sivin, Miller & Roche, LLP In November 2019, the New York State Court of Appeals handed down its decision in Rivera v. State of New York, effectively setting forth a major hurdle for recovery under the theory of respondeat superior liability: the decision’s “so egregious” standard. In its 4-3 decision, the Court concluded that the actions of three corrections officers—actions which resulted in permanent and serious injuries to an inmate—fell outside the scope of their employment, thus shielding New York…
Steel workers: Beware of working in this hazardous field
Working in construction, you sometimes participate in steel erection work. This is one of the top 10 most hazardous occupations known to the United States Department of Labor. In this field, you should know that you have specific rights. Workers have a right to be able to: Work in conditions that don’t post a risk of serious harm File a complaint with the Occupational Safety and Health Administration (OSHA) if they believe that a serious hazard is present in their workplace or that their employer is not…
Scope of Employment After Rivera: A Case Study
The New York Court of Appeals, in deciding Rivera v. State, 34 N.Y.3d 383 (2019), altered how pro se litigants and attorneys approach the “scope of employment” issue in prison cases. The following case examines the impact of the Rivera decision. In March of 2020, an inmate (our client: I’ll call him John Doe 2) housed in a New York State correctional facility alleged that correctional officers took him to an area without video surveillance and brutally assaulted him. Mr. Doe was slammed into a wall, punched…
“Frolic or Detour?”: Rivera’s implications for victims of excessive use of force at the hands of Correctional Officers
By: Brendan Gilmartin Correctional facilities are stressful environments where tensions often run high. These facilities create situations that often lead to the use of excessive force by correctional officers for myriad reasons. When excessive force is used, correctional officers may violate an inmate’s Eighth Amendment right to be free from “cruel and unusual punishment”. When a correction officer uses excessive force on an inmate, oftentimes the State of New York (State) is also sued for the actions of the correction officer. Holding the State liable for the…
Life After Rivera: Narrowing the Scope
Written by Edwin C. Torres, Legal Intern at Sivin, Miller & Roche, LLP This is the first in a series of blogs addressing the issues raised in Rivera v. State of New York. There will be a number of blogs following this that discuss, in depth, cases that the firm is currently handling and the issues that are present because of the Rivera decision. Before the end of 2019, the highest court in the State, the New York Court of Appeals, handed down its decision on a…
George Floyd case sheds light on need for police reform
The case of George Floyd has drawn the attention of the entire world in recent weeks. We all watched in horror this past Memorial Day, as Minneapolis police officer Derek Chauvin placed his knee on the neck of George Floyd and, over nine agonizing minutes, pressed the life out of him. Meanwhile, three other officers on the scene stood by and did nothing to intervene. What happened to George Floyd should never happen to anyone in the Land of the Free – especially from law enforcement officers…
What should you do if you’re hit by falling debris?
There are many different reasons that someone could get hurt while working on a construction site. From falling from scaffolding to getting hit by a falling object, there are various accidents that could happen. While construction workers have protections like hardhats and safety glasses, people walking near or around a construction site may not have anything to protect them. A construction site should be designed to keep all hazards within its bounds, but uneven walkways and debris could impact others. What should you do if you’re hit…
What are the ‘fatal four’ causes of construction site accidents?
One of the pillars of the economy in New York is the ongoing construction of roads, homes and buildings. Those who work in the construction industry face many dangers, including the threat of on-the-job injuries. Sometimes these injuries lead to fatalities that leave the victim’s loved ones not only with emotional losses but also financial damages in the form of medical expenses incurred prior to death, lost wages and lost companionship. It is important to understand the basics of fatal construction injuries. The federal Occupational Safety and…
Families of Incarcerated: Resources for Tracking the Latest News
Blog by Jake Ethé, on behalf of Sivin, Miller & Roche LLP: As we continue to navigate the COVID-19 pandemic in what ways we can, Sivin, Miller & Roche LLP recognizes the anxiety that many of the families of our incarcerated clients–and, indeed, the families of all incarcerated persons–must feel during this difficult and rapidly-evolving time. We are committed to providing you with the best resources that the nation’s legal professionals have to offer, so that you can remain up to date with how governments and prisons…
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