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…
New York property owners are responsible for keeping their premises reasonably safe for people who are invited onto the property. When a guest is hurt while using a feature like a dock or pool, the court looks at whether the owner was negligent in maintaining the property or failed to…
In New York, product liability law allows an injured person to bring a lawsuit when a product causes harm because it was not reasonably safe. One type of claim involves defective design. In these cases, courts ask whether the product’s design created an unreasonable risk of harm when used as…
Swimming pool accidents sometimes lead to serious injuries, especially when a pool is not properly maintained, supervised, or labeled with warnings. In New York, legal responsibility for these injuries depends on many factors, including the condition of the pool, the actions of those involved, and the roles of manufacturers, sellers,…
In Crampton v. Garnet Health, the Supreme Court of Orange County considered whether summary judgment was appropriate in a case where a patient fell after being discharged from a hospital. The court reviewed whether the hospital had a duty to protect the patient from falling and whether it had met…