Articles Posted in Police brutality

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 limits of probable cause, the scope of qualified immunity, and the level of supervision that municipalities must provide to officers. The appeal also involved questions related to false arrest and malicious prosecution.

Background Facts

On November 8, 2007, Shawn Ackerson approached a woman in her driveway. He asked about her household and said that her car had hit his earlier that day. The woman told him to leave and contacted the police. Officer Cotto responded and filed a report. The report noted that Ackerson said he found her address through her license plate and believed that her husband had been near a location linked to Ackerson’s former girlfriend. The woman also told officers that she feared Ackerson because she did not know him and felt unsafe during the encounter.

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 progress of Doe’s civil case and whether the detectives could delay discovery until their criminal matter ended. The district judge examined their request, reviewed the magistrate judge’s order, and considered whether the discovery schedule in the civil rights lawsuit should change.

Background facts

Anna Doe filed a civil action in Kings County Supreme Court against Detectives Richard Hall and Eddie Martins, Sergeant John Espey, Officer Gregory Markov, unnamed officers, and the City of New York. She alleged that Hall and Martins arrested her on September 15, 2017 without legal cause and then raped her in a police van. After the City removed the case to federal court, the City, Espey, and Markov moved to dismiss. The federal court dismissed all claims against Espey and dismissed some claims against the City and Markov. The case continued against Hall and Martins. It also continued on a respondeat superior claim against the City for false arrest and imprisonment, and on a First Amendment retaliation claim against Markov.

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. The court reviewed video evidence of the arrest and the parties’ accounts. The appeal centered on whether the officers’ force during the arrest, including the use of pepper spray, violated the Fourth Amendment. The case showed how courts treated force that took place during a short encounter and how juries had a role in judging that force under the governing standard.

Background facts

The incident took place in lower Manhattan near a Starbucks. Brown went to the store and wanted to use the bathroom. Store staff refused and called the police after reports about her conduct, including banging on the door. Officers responded and approached Brown on the sidewalk near metal scaffolding.

In a legal action seeking damages for negligence, assault, and battery, the defendants appealed a Suffolk County Supreme Court order dated September 10, 2020. The order denied the defendants’ motion for summary judgment dismissing the causes of action alleging negligence, assault, and battery.

A cause of action for negligence arises when a person breaches their duty to act with reasonable care, resulting in harm or injury to another party. In legal terms, negligence involves the failure to exercise the level of care that a reasonably prudent person would under similar circumstances. To establish a claim of negligence, the plaintiff must demonstrate four key elements: duty, breach of duty, causation, and damages.

On the other hand, a cause of action for assault and battery involves intentional conduct that causes harmful or offensive contact with another person. Assault refers to the threat or attempt to inflict harm, while battery involves actual physical contact. Unlike negligence, which focuses on the failure to exercise reasonable care, assault and battery require intent or intentional conduct on the part of the defendant.

Plaintiffs Melody Ann Benitez (“Ms. Benitez”) and Angel Antonio Castro (“Mr. Castro”) filed a lawsuit seeking damages for personal injuries and civil rights violations allegedly sustained during an incident on September 29, 2016. They claim that events that unfolded that evening, including encounters with the police and hospital security, resulted in false arrest, excessive force, and malicious prosecution.

Background Facts

On the evening of September 29, 2016, Plaintiffs attended a scholarship dinner hosted by the Puerto Rican Bar Association, where they consumed alcoholic drinks. After the dinner, they were walking in New York City to hail a taxi when police officers approached them in response to a call regarding a possible domestic assault. Ms. Benitez and Mr. Castro were both interviewed separately by the officers.

In New York, excessive force by police occurs when officers use more physical force than necessary to achieve a lawful objective. This includes actions that are unreasonable, unjustified, or beyond what a reasonable officer would use under the circumstances, potentially violating a person’s constitutional rights.

Holland v. City of Poughkeepsie, 90 A.D.3d 841 (N.Y. App. Div. 2011) involves the City of Poughkeepsie, the City of Poughkeepsie Police Department, and Officer Michael Labrada and legal questions about the use of force, false arrest, and civil rights violations under 42 USC § 1983.

Background Facts

In a case seeking damages for civil rights violations under 42 U.S.C. § 1983, police officers in New York appealed a decision denying their motion for summary judgment. The case involved allegations of excessive force during an arrest. The officers, William Danchak, Richard E. Pignatelli, James E. Halleran, Edward J. Deighan, and Michael E. Knott, were employed by the City of New York.

Excessive force in New York refers to the application of force by law enforcement officers beyond what is reasonably necessary to achieve a lawful objective. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, which includes protection against excessive force by police officers. In New York, determining whether force used by an officer is excessive involves an “objective reasonableness” standard, which evaluates the situation from the perspective of a reasonable officer on the scene, considering the facts and circumstances without the benefit of hindsight.

Background Facts

The incident began when the plaintiff, an epileptic man, experienced four grand mal seizures. Two of these seizures were witnessed by a paramedic and an emergency medical technician (EMT). After receiving valium from the paramedic, the plaintiff partially recovered but refused to go to the hospital. Following protocol, the paramedic contacted his supervising physician, who insisted that the plaintiff be transported to the hospital due to the administration of a narcotic. The plaintiff’s refusal led the EMT to call the City of Poughkeepsie Police Department for assistance.

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 insistence that she was not a threat to herself, the situation escalated, leading to her removal from her home and transport to a hospital.

Background

When the police arrived at plaintiff Judith Albaum’s door in response to a call expressing concern for her well-being, she was inside her apartment, sitting at her desk and drinking a beer. Upon answering the door, she was informed that someone had called the police, worried that she might harm herself. She denied this allegation, identifying the caller as her estranged daughter and dismissing the concern as baseless. Despite police assurances that she was not under arrest and that they lacked a search warrant, Albaum refused to open the door, leading to a standoff during which she spoke to the police through the closed door for several minutes.