In the context of prisoner abuse, a violation of the Eighth Amendment occurs when an inmate endures cruel and unusual punishment, such as physical abuse by correctional officers. This includes any excessive force or harsh conditions that are deemed unconstitutional. The Fourteenth Amendment violation involves the denial of due process,…
Excessive force refers to the application of force by law enforcement officers that exceeds what is reasonably necessary to effectively control a situation, prevent harm, or make an arrest. While officers are permitted to use force in certain circumstances, such as when facing resistance or threats to safety, the force…
Inmates have a constitutional right to adequate medical treatment, protected under the Eighth Amendment. This includes protection from deliberate indifference to serious medical needs. While the scope of this right is subject to limitations and considerations of prison administration, such as cost and security, authorities are obligated to provide essential…
In this case, Judith Albaum sued the City of New York, the New York City Police Department (NYPD), and several police officers to recover damages for personal injuries. The incident occurred when NYPD officers arrived at Albaum’s apartment in response to a call expressing concern for her well-being. Despite Albaum’s…
In Rivera v. Westchester County, 188 Misc. 2d 746 (N.Y. Sup. Ct. 2001), defendants County of Westchester, Joseph Stancari, Officer Savino, and Sergeant Rushin were faced with allegations regarding their treatment of a pretrial detainee, Ivan Figeroa, Jr., who tragically died by suicide while in custody at the Westchester County…
The case of Albaum v. City of New York revolves around allegations of false arrest, false imprisonment, and the use of excessive force by the New York Police Department (NYPD). The plaintiff, Judith Albaum, was arrested in Queens County in 2014 and charged with resisting arrest and disorderly conduct. The…
A writ of habeas corpus is a legal petition filed by a person who is detained or imprisoned, challenging the legality of their detention. The purpose of a writ of habeas corpus is to bring the detained individual before a court or judge to determine whether their imprisonment or detention…
Under Vehicle and Traffic Law § 1104, drivers of authorized emergency vehicles engaged in emergency operations enjoy specific privileges. These include the ability to exceed speed limits, proceed past traffic signals and signs, and disregard regulations under certain conditions. However, these privileges come with the obligation to operate the vehicle…
Despite widespread misconceptions, prisoners do have rights protected under the Constitution, particularly under the Eighth Amendment, which prohibits cruel and unusual punishment. This includes the right to be free from conditions that pose a substantial risk of harm, access to necessary medical care, and protection from violence by other inmates…
In New York, nursing home residents are entitled to certain rights and protections under state and federal law. These legal protections ensure that residents receive adequate care and are treated with dignity. When a nursing home fails to meet these standards, the consequences can be severe, leading to injuries or…