New York Civil Rights And Criminal Defense Lawyers

Civil Rights

New York law protects police disciplinary records

Recent events have raised concerns about police discipline all across the country. New York City has seen its share of police misconduct cases, including cases resulting in one or more deaths. A key difference between the Floyd case and analogous New York cases is the fate of the officers’ disciplinary records. In Minnesota, the records are public; in New York, the records are confidential. The key statute is Sec. 50-a of the New York Civil Rights law. This statute says that “all personnel records used to evaluate “performance . . . or promotion” shall be considered to be “confidential and...

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Police Misconduct Threatens Individuals’ Civil Rights

Encounters with law enforcement officials can be intimidating, no matter the circumstances. When New Yorkers are faced with explaining themselves to badged and often armed officers, they may feel threatened or even scared of what may happen if the officers’ suspicions are raised. When police encounters turn aggressive, individuals’ civil rights may be threatened. That is because in New York and states throughout the nation police brutality and misconduct can run unchecked by local and state governments. The bad actions of some law enforcement officials can jeopardize freedoms and even the...

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Unlawful arrests and lack of probable cause

Under the Fourth Amendment of the U.S. Constitution, a police officer can only arrest someone if the officer has a valid arrest warrant, or the officer has probable cause to do so. The purpose of the Fourth Amendment is to protect citizens from unlawful search and seizure by police. Arresting someone without probable cause is a violation of their civil rights and the arresting officer and police force may be civilly liable for damages. What is probable cause? Generally, a police officer has probable cause to arrest you if he or she has a reasonable belief that you were involved in a crime....

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Class-action law suit challenges ICE no-release policy

Imagine an immigrant family in which the father has been arrested and incarcerated by federal immigration authorities for alleged immigration violations. Prior to the beginning of the Trump administration, most immigrants detained by the Immigration and Customs Enforcement Office were released if they posed no threat to the community. For example, from 2013 to 2017, 47% of detainees who were deemed to be low risk were released automatically. Following June 2017, the percentage of detainees released without a trial dropped to 3%. That change has caught the attention of the New York Civil...

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Consider this when accused of health care fraud

Merely riding your bike or driving your car shouldn’t be a nerve-wracking experience. Yet, in New York, law enforcement has made it just that. Have you been the subject of racial profiling or excessive force perpetrated by New York’s law enforcement officials? If so, you’re not alone. The sad reality is that the NYPD and other law enforcement agencies continue to violate the civil rights of everyday citizens, thereby subjecting them to physical and emotional suffering. Police brutality is the focus on one recently filed lawsuit against a New York police department. There,...

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Police misconduct a growing concern in New York

Residents and tourists of New York rely on the police force to keep them safe. Whether it is during the day or night, at home or at a hotel, on the subway or walking on the street, police officers are looked at as a means to address crime in the city and create a safe place to live or visit. With this task comes much power, and with power comes responsibility. In some cases, this power is not used appropriately, resulting in an officer overstepping legal lines. This could give rise to false arrests, police brutality, police shootings and other civil rights violations by a police officer....

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