When interactions with law enforcement result in emotional trauma, it raises the question: can you sue the police for emotional distress? While emotional distress claims against police officers can be challenging, it is possible to seek justice in certain situations where misconduct, abuse of power, or unlawful actions have occurred. Understanding your legal rights and how emotional distress claims are handled is crucial to determining if you have a valid case. This blog explores the legal avenues available for individuals who have suffered emotional harm due to…
In recent years, the financial burden of police misconduct on New York City taxpayers has become increasingly evident. Since 2018, lawsuits related to NYPD misconduct have cost the city an astounding $548,047,141, with a significant portion of this expense—$114,586,723—incurred in just 2023 alone. This data analysis, put forth by the Legal Aid Society, highlights a pressing issue: the financial implications of police misconduct extend far beyond the courtroom and directly impact the city's budget and resources. The Real Price of Police Misconduct These numbers are not only…
In recent years, the issue of excessive police use of force has garnered significant attention in the media and the public eye. Understanding what constitutes excessive force is essential for both citizens and law enforcement officers to ensure accountability and uphold the rule of law. This blog aims to shed light on the definition of excessive force, the legal standards that govern it, and the recourse available to victims of such misconduct. What is Excessive Use of Force By Police? Excessive use of force by police occurs…
Racial profiling by police is a pervasive and deeply troubling issue that undermines the principles of justice and equality. It involves law enforcement officers disproportionately targeting individuals based on race, ethnicity, or national origin, rather than on evidence of criminal activity. This practice not only fosters distrust between communities and law enforcement but also perpetuates racial discrimination and social inequality. For many minority communities, the fear and reality of being unfairly singled out by police are part of their daily lives, highlighting the urgent need for awareness,…
No win, no fee arrangements can be a lifeline for those in need of legal assistance but are concerned about the financial implications. At Sivin, Miller & Roche LLP, we strive to provide clarity and transparency on how this process works to ensure that our clients can access the legal representation they deserve without the added stress of financial burden. Let's delve into how the no win, no fee model operates and how it can benefit you. What Is a No Win, No Fee (Contingency Fee)? A…
Regarding legal matters, few situations are as distressing and potentially damaging as being wrongfully arrested. In New York City, the implications of such an event can be far-reaching, affecting everything from your personal reputation to your financial well-being. You may wonder what kind of compensation you could expect from a lawsuit if you have been wrongfully arrested. Here, we’ll explore the factors that impact the value of a wrongful arrest lawsuit in NYC. What Constitutes a Wrongful Arrest in NYC? A wrongful arrest, also known as a…
Emerging technologies such as aerial drones with facial recognition software and gunshot detection systems have revolutionized law enforcement in New York over the past few years. They can help keep track of fleeing suspects, observe protesters and access areas that would be impossible for police officers to reach. However, growing concerns exist about how they may undermine citizens’ civil rights. Understanding your civil rights The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. This means that law enforcement must have probable…
The killing of George Floyd by a police officer in 2020 sparked a wave of racial injustice protests across America. Many people took part in these demonstrations to speak against the brutal actions of police officers. In response, cities deployed law enforcement to quell these protests. But some of these officers engaged in the very violence denounced by the protests through unlawful arrests and beatings. However, justice was served last week when New York City agreed to pay over $13 million to settle a civil rights class…
The duty of a law enforcement officer is to protect the people of their assigned jurisdiction. Therefore, the state grants them a degree of power to enforce the law. The problem is when police officers abuse their power through violence and violate the rights of the people they swore to protect. Police brutality occurs when officers go beyond their legal limits to carry out their duties, using excessive or unjustifiable force. They manipulate the law to further their interests. Police brutality infringes on a civilian’s rights to…
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…
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