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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…
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…
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…
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…
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…
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