New York Civil Rights & Criminal Defense Lawyers

New York Civil Rights And Criminal Law Blog

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…

VIDEO ARRAIGNMENTS IN RESPONSE TO COVID-19: A CONCERN

Blog by David Roche, on behalf of Sivin, Miller & Roche LLP: Like every other institution and organization, the criminal courts of New York City are figuring out how to adapt and function in the drastically changed world of the Coronavirus pandemic. The criminal courts with which we have long been accustomed – with crowded courtrooms full of lawyers, court officers, clerks, and audience members – are dangerous breeding grounds for spread of the virus; and, needless to say, cramped holding pens and jail cells full of…

READ OUR COVID-19 RESPONSE

READ OUR COVID-19 RESPONSE

Filing a dram shop liability claim

If someone gets behind the wheel of a car after drinking and ends up causing an accident, many people wonder if the bar that served the driver alcohol is partially responsible for the injuries and/or deaths resulting from that accident. Under New York dram shop laws, New York businesses are not allowed to serve alcohol to people who are visibly intoxicated, under the age of 21, or habitual drunkards. By violating state liquor laws, bars and restaurants can open themselves up to liability in cases involving drunk…

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