New York Civil Rights And Criminal Defense Lawyers

Month: December 2018

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...

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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...

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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. The elements of malicious...

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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 When you can prove that you were detained, did not consent to it and had not broken any laws, then you may have a solid case against those who violated your rights. Does physical force have to be used in unlawful detainment cases? While physical force might...

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