Articles Posted in Police brutality

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.

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 criminal charges were later dismissed, leading Albaum to file a lawsuit against the City of New York and Officer Jose Rendon, among others, seeking damages for the alleged misconduct.

Probable cause and excessive force are two critical concepts in law enforcement that are closely related, particularly in cases involving arrests and the use of force by police officers. Probable cause refers to the standard by which police officers must have a reasonable belief that a crime has been, is being, or is about to be committed before making an arrest, conducting a search, or seizing property. It is a fundamental principle designed to protect individuals from arbitrary arrests and intrusions by law enforcement.

Excessive force, on the other hand, occurs when law enforcement officers use more force than is reasonably necessary to apprehend a suspect or control a situation. This can include physical force, such as hitting, punching, or using a weapon, as well as non-physical force, such as threats or intimidation. If an officer lacks probable cause to make an arrest, any force used to carry out that arrest may be considered excessive and in violation of the Fourth Amendment’s protection against unreasonable seizures.