New York Legal Blog

When you think of the term “false imprisonment” in New York or anywhere else, probably the first thing that comes to your mind is misconduct by law enforcement officials. While you are right that false arrest and imprisonment are one way in which police officers can exceed their authority, it may surprise you to know that false imprisonment also can occur between and among civilians.

At its core, false imprisonment means that someone unlawfully confines you against your will. It could be a law enforcement officer, someone posing as one, a security guard or a civilian. While physical force often is part of a false imprisonment, only the threat of force is required. Additionally, false imprisonment can occur by means of physical barriers, such as a locked door, or through psychological duress, such as someone threatening to harm your family if you do not remain where you are. As long as you have a reasonable belief that you cannot leave, that is sufficient for false imprisonment.

It doesn't matter your race, religion, sex or creed. Anyone can become the victim of hate crimes. However, just because you were victimized by a hate crime does not mean that you will automatically receive justice for the harm that was done for you. In fact, the vast majority of hate crimes go completely unnoticed and they're never reported. Here are a few sobering statistics about hate crimes that everyone should know:

Approximately half, or 48 percent, of hate crime victims suffered from racially motivated crimes. These crimes might be as simple as a child being bullied at school and having his or her lunch money stolen because of the color of his or her skin. It could also be a man walking down the street who gets attacked for no other reason than being Asian, or a family's home getting set on fire because they're the only black family in an all-white neighborhood.

According to U.S. federal law, peace officers who violate the constitutional rights, privileges or immunities of U.S. residents can be held liable for the injuries that result from such violations. As such, a person who is unlawfully injured by a police officer due to the excessive or unlawful use of force may want to prove that his or her constitutional rights were violated. This would, in turn, increase the chances of the plaintiff receiving a monetary damage award.

Here are three legal issues that plaintiffs injured by police violence may want to focus on in this regard:

You might think that once you report to your prison sentence you lose a lot of rights. And it's true. You lose your right to freedom, your right to vote and so many other privileges, but there are vital rights that you will always retain as a prisoner. Unfortunately, many prisons in New York and other areas of the United States frequently violate these rights.

If you suspect that you've had your rights as an inmate violated, you may want to check to see if any of the following rights have been compromised. You may have the ability to file a legal action to demand better conditions and receive compensation for the difficulties you have endured. Prisoners have the right to:

• Humane conditions and facilities.
• Freedom from sex crimes.
• Freedom from racial segregation.
• Freedom to complain about prison conditions.
• The right to Americans with Disabilities Act accommodations.
• Freedom from cruel and unusual punishment
• The right to medical attention and care.
• The right to mental health treatment.
• The right to a hearing prior to being transferred to a mental health facility.
• Similar rights apply to pretrial detainees, and pretrial detainees may not be treated as if they are guilty or be punished before their trial has concluded.