New York Civil Rights & Criminal Defense Lawyers
New York Civil Rights And Criminal Law Blog
Sivin, Miller & Roche, LLP delivers justice despite pandemic
Written by Brendan Gilmartin, Legal Intern at Sivin, Miller & Roche, LLP The ongoing global pandemic and social distancing guidelines have caused trials to be adjourned across the entire United States, but especially so in New York, a state hit hard by the pandemic early in 2020. While the need to abide by social distancing guidelines to save lives and reduce strain on vital healthcare resources is of utmost importance, delaying trials can pose special difficulties for plaintiffs-side trial lawyers who are often reliant on witness memories…
These 3 work zone hazards affect pedestrians and workers
There are many kinds of accidents that can happen on construction sites, which is why people should not be on a construction site without permission. Sometimes, especially in New York, you may have to walk through an area that is under construction. Doing that, you could be exposed to many of the hazards that workers face. You could also be an independent contractor working for a company and end up suffering an injury, which then requires you to make a personal injury claim instead of workers’ compensation…
3 little known cybercrimes
Although computers of some form or fashion came about in the 1800s, modern-day computers entered the world in the 1970s. Now, in the 21 st century, having a computer, whether a laptop, PC or cellphone, is a must for many people. 100% of people between the ages of 18 and 29 use the internet. Even those 65 years and older use the internet 73% of the time, and they were born before the invention of the modern-day personal computer. These days, with all the devices used to…
Law enforcement misdeeds led to many wrongful convictions
New Yorkers who are alleged to have committed crimes and are placed under arrest might be under the impression that the justice system will work in their favor with fairness. If they did not do what they are accused of, it is easy to think that they will be cleared of the charges and can move on with their lives. Unfortunately, that is not the case for a troubling number of people. Those who have been wrongfully convicted of a crime and punished for it should be…
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…
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