New York Civil Rights & Criminal Defense Lawyers
Civil Rights
What can you do after a wrongful arrest?
Getting arrested is a frightening experience, but getting detained for no reason is aggravating. Even though humanity has advanced in many ways, there are still occasions when police arrest someone based on their appearance. A person may be able to sue for wrongful arrest if law enforcement restrains them without probable cause. When does wrongful arrest happen? Police cannot arrest you on mere suspicion. They must first have a warrant or probable cause, at the very least, to make an arrest. Probable cause is sufficient evidence that…
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…
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.…
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…
The basics of malicious prosecution and civil rights
If you believe that you have been the victim of malicious prosecution in terms of your civil rights, there are several ways that you can seek remedy in New York. Proving malice One way to seek remedy is by filing a lawsuit against the individual or entity that is alleged to have wrongfully initiated the prosecution. In this lawsuit, you must prove that the prosecution was pursued without probable cause and with malice. If you can prove this, the individual or entity could be liable for damages.…
Your rights while in prison
After being arrested and taken to jail in New York, you might think that you will have the bare minimum of supplies and poor conditions to get you through. However, there are certain rights that you have as an inmate so that you feel safe and so that you are as healthy as possible while awaiting trial or until your release date. Humane conditions One right that inmates have is humane conditions. You also have the right to not be treated as though you’re guilty before you…
Section 1983 and filing a civil rights claim based on it
All New Yorkers deserve to be treated with respect. In spite of laws requiring police to be respectful even when arresting someone, violations occur. This is where Section 1983 comes in to protect people. What is Section 1983? Section 1983 is part of the Civil Rights Act of 1871, a federal law that allows people to sue if their civil rights are violated. Under local or state law, this applies when someone acting under color of law deprives a person of their civil rights. In most cases,…
Examples of racial profiling by law enforcement
Racial profiling by law enforcement is a serious and ongoing issue. According to the ACLU, racial profiling is a term that describes when law enforcement officials target and discriminate against people because of their race, ethnicity, national origin or religion. Unfortunately, racial profiling leads to: False arrests – unlawfully restraining an individual Excessive force – unnecessary force by police that results in personal injury Malicious prosecutions – facing court proceedings after illegal confinement Prisoner mistreatment – mistreatment or neglect during incarceration Here are some of the most…
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.