New York Civil Rights & Criminal Defense Lawyers

Police Misconduct

How Does No Win, No Fee Work With Lawyers?

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…

How Much is a Wrongful Arrest Lawsuit Worth in New York?

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…

Use of drones by police in New York may violate civil rights

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…

NYC to pay 1,300 people wrongfully arrested, beaten during 2020

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…

You have a right against police brutality

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…

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…

Excited delirium in police brutality cases

When a suspect dies while in police custody, “excited delirium” is often cited as the cause of death. Medical examiners concluded that excited delirium killed a 41-year-old man who was arrested by the New York City Police Department in 2020, a 43-year-old man who was taken into custody in Missouri in 2019 and a 22-year-old man who was repeatedly tased by Wisconsin police officers in 2017. Police training manuals describe excited delirium as a condition characterized by extreme agitation, hallucinations and unusual displays of strength, but it…

Understanding police brutality in New York

New York has a difficult history when it comes to police misconduct. Although there has been some progress in the relationship between police and community members, many issues still need to be resolved. What is police brutality? Police brutality could be defined as unlawfully using excessive force or violating a citizen’s civil rights when dealing with the public. Under New York law, this includes activities like: Causing physical or psychological harm Tampering with or mishandling evidence Using coercion False imprisonment or arrest Falsifying police reports Sexual misconduct…

Are NYC’s aggressive defense tactics enabling police brutality?

New York City spent approximately $121 million to settle police misconduct cases in 2022, and between $4 million and $6 million of that money was paid to 300 people who were boxed in and violently arrested while protesting in the Bronx in 2020. The amount the city is paying to police misconduct victims has raised questions about the way these cases are being handled by the Law Department’s Special Federal Litigation Department. The Law Department is tasked with defending the city and all of its agencies, but…

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