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A fight with a bouncer can lead to a personal injury claim

You love going out to dance with friends, and you often go to local bars and nightclubs to do so. Last week, you and a friend went to a local nightclub to meet up with some people you were acquainted with.

During the visit, a small fight broke out between some other people who were there. Trying to be helpful, you and your friend stepped in to break up the fight. By then, it was too late because the bouncers got involved. You tried to explain that you were also trying to help break up the fight, but you ended up getting thrown out after having the bouncer throw, and land, a punch.

Are your civil rights and liberties the same?

Before you can tell if your civil rights have been violated, you need to understand what your civil rights are. The United States government protects many rights of its citizens. Interfering with those civil rights is a violation of the law and creates a situation where you can seek compensation from those who hurt you.

Knowing your rights is important. Most laws that regulate civil rights are federal. These include laws such as the Americans with Disabilities Act (ADA), the Fair Housing Act, the Age Discrimination in Employment Act (ADEA) and the Voting Right Act of 1965.

Violation of inmate's rights leads to settlement, but not justice

When a person receives a prison sentence, this does not negate his or her civil rights. In fact, as the American Civil Liberties Union points out, the U.S. Supreme Court has explicitly stated people in prison still have the same fundamental rights protected by the Constitution as those who are not incarcerated, including the right to have legal representation and access to the court system.

Unfortunately, isolation, lack of resources and other barriers often prevent prisoners from asserting their rights or protecting themselves from violence or abuse at the hands of their guards. The New York Daily News reports on one such case that resulted in a settlement for an inmate of Rikers Island, New York City's primary jail.

Are you the victim of malicious prosecution?

Like many New Yorkers, you feel some anxiety when you interact with police officers. For most encounters, though, you can rely on law enforcement personnel to behave professionally. Still, occasionally officers use their badges to harass and intimidate

If you think you are the victim of malicious prosecution, you must act quickly to defend yourself, protect your civil rights and restore your reputation. Proving malicious prosecution can be difficult. Before you allege an officer acted illegally, you must know a few things about malicious prosecution cases.

Court blocks attempt to release police personnel records

If there is something that seems like it shouldn't happen, it's the shielding of records that should be available to the public. In New York, the top court determined that it would continue to shield the police misconduct records from the public.

New York's Civil Rights Law allows personnel files of police officers to be sealed. The files belonging to firefighters and corrections officers may be sealed as well. However, there is a problem since sealing those records could also seal away a history of misconduct. What does that mean for citizens? It means they don't know if an officer has been disciplined for misconduct or if they've been involved in negative situations in the past.

What makes for a solid unlawful detainment case?

False imprisonment is something that violates your civil rights. Interestingly, false imprisonment happens more often than you may think.

There are a few elements of a false imprisonment claim that have to be met before you can prove it. They include:

  • Suffering from willful detainment
  • Not consenting to detainment
  • Being detained unlawfully

What is the fruit of the poisonous tree doctrine?

Should you face criminal charges in New York, you may wish to familiarize yourself with the fruit of the poisonous tree doctrine. This long-held legal doctrine could become a major factor as you and your attorney go about defending you.

The U.S. Supreme Court first hinted at what would become known as the fruit of the poisonous tree doctrine in the 1886 case of Boyd v. United States. The phrase itself was coined by Justice Felix Frankfurter in Nardone v. United States, a 1939 SCOTUS case.

Advantages of working with a criminal defense attorney

Facing criminal charges in New York is scary, even for someone who has been charged with a crime in the past. Criminal charges can be difficult to fight, especially if you decide to do it alone. This is never the right decision to make when your freedom is at stake.

There are a number of reasons you should hire an experienced criminal defense attorney to help you.

Damages you can seek in a personal injury claim

Suffering an injury in any type of accident (construction, motor vehicle, violent attacks, etc) can change your life forever. You might not be able to return to work or school. You might not be able to care for yourself anymore. You also might need a lot of medical care in order to recover from said injury. Today, we will take a look at the damages you can seek in a personal injury claim.

Any victim of a personal injury accident is entitled to file a claim for lost wages, both current and future. You will need to provide your current employment information, including salary and other data to help determine the amount of money that can be recovered. An estimate of future earnings if you were healthy will be made by your attorney should you not be able to return to work.

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Sivin & Miller, LLP Attorneys at Law
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New York, NY 10007

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