When an incarcerated person claims that prison officials denied medical care, federal law sets clear requirements. Before filing a lawsuit in federal court, an inmate must first use the prison grievance system. In addition, to state a claim under 42 U.S.C. § 1983 for denial of medical care, the inmate…
Under New York law, the State has a duty to protect inmates in its custody from reasonably foreseeable harm. In correctional facilities, this duty includes taking reasonable steps to prevent assaults by other inmates. The State is not an insurer of inmate safety. It is responsible only for risks that…
New York law requires correctional authorities to take reasonable steps to protect inmates from foreseeable harm. While the State and municipalities are not insurers of inmate safety, they owe a duty of care to safeguard those in custody from reasonably foreseeable risks, including inmate-on-inmate violence. When an assault occurs in…
Federal law allows incarcerated individuals to bring civil rights claims when they believe their constitutional rights were violated. Under 42 U.S.C. § 1983, a person may sue state actors for conduct that deprives them of rights protected by the United States Constitution. In the prison setting, the Eighth Amendment prohibits…
The Second Circuit considered whether a prosecutor who acted in an investigative role could face liability for fabricating evidence that later contributed to a loss of liberty. The case required the court to decide if a federal prosecutor could rely on qualified immunity when the complaint alleged that he created…
In Heck v. Humphrey, 512 U.S. 477 (1994), the United States Supreme Court considered whether a state prisoner could use a civil action under 42 U.S.C. § 1983 to seek money damages based on claims that would call a criminal conviction into question. The case involved questions about the point…
This civil rights action arose from an arrest that stemmed from a report by a resident who said that a man approached her in her driveway and questioned her about her family. The arrest led to claims under 42 U.S.C. § 1983 and New York law. The case addressed the…
This case grew out of a civil rights lawsuit filed by Anna Doe after an arrest that she said involved serious misconduct by two New York City detectives. While the detectives also faced criminal charges in state court based on the same events, the focus in federal court was the…
Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015), involved a street encounter between a New York City resident and police officers that led to an arrest and the use of force. The case later went to the United States Court of Appeals for the Second Circuit.…
In Pelletteri v. Ferrantino & Co., Inc., 2024 NY Slip Op 50647(U), the Supreme Court of Kings County reviewed motions for summary judgment in a personal injury case where the plaintiff alleged she fell due to poor lighting and an unmarked single step. Background Facts On March 6, 2020, at…