Police brutality

Published on: August 19, 2024

Plaintiffs claimed that the police conducted an unlawful research of her store. Borisova v. Friberg, 18-CV-7440 (AMD) (SJB) (E.D.N.Y. Sep. 25, 2020)

by Stephen Bilkis

In Borisova v. Friberg, the plaintiff brought a legal action under 42 U.S.C. § 1983 against William Friberg, his company, Triple I Associates, as well as police officers Elizabeth Drozd-Spidle and Rebecca Coogan, and the City of New York (the “City Defendants”). The plaintiff alleged that the defendants unlawfully searched her store and arrested her on charges of selling counterfeit merchandise. The defendants filed motions to dismiss, which were partially denied and partially granted.

Background

The plaintiff owned Marina’s Mall, a retail store in Brooklyn, selling fragrances, costume jewelry, and accessories. On October 4, 2017, William Friberg, a former NYPD officer turned private investigator, entered the store and later returned with Officers Drozd-Spidle and Coogan, accusing the plaintiff of selling counterfeit fragrances. Despite the plaintiff offering to show receipts of her purchases, Friberg proceeded to inspect the merchandise himself, even opening drawers and examining their contents.

Published on: July 10, 2024

Supreme Court, Dutchess County determined that deputies’ actions caused injury to inmate. Holland v. City of Poughkeepsie, 90 A.D.3d 841 (N.Y. App. Div. 2011)

by Stephen Bilkis

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

Published on: July 9, 2024

Williams v. City of N.Y., 129 A.D.3d 1066 (N.Y. App. Div. 2015)

by Stephen Bilkis

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.

In a case alleging that police violated civil rights under 42 U.S.C. § 1983, a plaintiff must prove several key elements. Firstly, the plaintiff must establish that the defendant, typically a government official or entity, acted under the color of state law. This means the defendant was acting in an official capacity or using power given to them by the state. In this case, the defendants were police officers acting in an official capacity. Secondly, the plaintiff must show that the defendant deprived them of a right, privilege, or immunity secured by the Constitution or federal law. This could include rights protected by the Fourth Amendment, such as the right to be free from unreasonable searches and seizures, or the Eighth Amendment, protecting against cruel and unusual punishment.

Additionally, the plaintiff must demonstrate that this deprivation was intentional, meaning the defendant knowingly or recklessly violated their rights. It’s important to note that negligence or mere mistakes are generally not enough to establish a § 1983 claim; there must be a deliberate disregard for the plaintiff’s rights. Finally, the plaintiff must prove that the defendant’s actions caused them harm, which can include physical injury, emotional distress, or other forms of damage.

Published on: June 3, 2024

Question of excessive for when police attempting to get plaintiff to go to the hospital. Holland v. City of Poughkeepsie, 90 A.D.3d 841 (N.Y. App. Div. 2011)

by Stephen Bilkis

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.

Published on: March 11, 2024

Whether excessive force was used to get the plaintiff transported to a hospital. Albaum v. City of N.Y., 2018 N.Y. Slip Op. 30555 (N.Y. Sup. Ct. 2018)

by Stephen Bilkis

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.

Published on: January 29, 2024

Damages sought for false arrest. Macareno v. City of New York, 187 A.D.3d 1164 (N.Y. App. Div. 2020)

by Stephen Bilkis

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.