I was denied bail on a misdemeanor charge for 2 months, can I sue?

Question: I was charged with a misdemeanor charge and incarcerated without formal booking or arraignment. My first court date, a month later, was adjourned without me seeing the judge. I was denied bail for 2 months without seeing the judge. Finally I was arraigned and given bail after 2 months. In this time I lost my job and apartment. Can I sue the city for mishandling my case?

David's Answer: You cannot sue the Judge for denying you bail. That said, you may be able to sue based on false arrest, depending on whether you're victorious in your criminal court case.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Time limitations for federal complaint 1983. Please attorneys give a detaliled answer. Than you.

Question: I was arrested the police beat me and my mom sexually assaulted her both arrests too on 1-4-2011, but i was granted a suppression of evidence by the criminal judge on the grounds of no probable cause to stop and no probable cause to arrest on 11-19-2012. The motion of dismissal was granted on 11-19-2012 see heck vs humphrey. Question my lawsuit filed on 9-5-2014 does heck vs. Humphrey allow all my claim in under the two year statue of limitations rule. Does it start running the time limits from the date of the criminal case being dismissed on 11-19-2012 according to heck vs. Humphrey? Or due need to seriously argue tolling asap. Federal question on all my claims assault , sex assault, false arrest , and malicious prosecution. Whats the time limits by federal law 1983 claims

David's Answer: If your claim is one of false arrest based on a January, 2011 arrest date, and you filed your lawsuit more than 3 years after that date, then it's most likely too late.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

How do i file a notice of claim to the NYPD and ACS. In what court can i start my lawsuit.

Question: about 6 month police officers came to my home demanding to speak to this person, that did not reside in my apartment. I explain to them that i did not know this person and i am the only who lived in the apartment. They dragged me out of my home, placed me in a mental health hospital and call ACS. Now i have all the ACS documents i'm just wondering can i sue the NYPD and ACS for violating my rights and my child. My child is scared of police officers and now an ACS case in court still pending. my child was not removed from me because the judge refused to remand my child.

David's Answer: If the incident occurred about 6 months ago, then you most likely missed your 90-day deadline to file the notice of claim. That said, your statute of limitations to file your federal claims is generally 3 years. That said, you should move timely to file your case in federal court. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

What is statue of limitations on civil suit against cps?

Q:  i took my grand children and gave them to cps because I am disabled.

A:  David's Answer:  You had 90 days from the date of the alleged wrongful removal to serve a notice of claim to preserve state law claims. You then would have 1 year & 90 days within which to file a lawsuit based on state law claims. You generally have up to 3 years from the alleged wrongful removal to file federal claims. You're best advised to schedule a consult with a civil rights lawyer in your area for a full assessment.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

If incorrect/non-investigation/NOT following due process by police/sheriff personnel constitute a Civil Rights Violation?

Q:  If the police/sheriff/law enforcement personnel DID NOT do a good job of investigating a criminal complaint by a victim/citizen Constitute a Civil Right Violation? 

If the victim believes there is a clear evidence of 'crime' and due to 'connections' of the alleged criminal/s, the victim also believes the police/sheriff/law enforcement officers DO NOT do their investigation diligently and ignore the complaint nor respond to the victim about the details of the investigation. 

Can this be construed as 'violation of Civil Rights' for the victim for 'denying' the right to due process of investigation of the complaint? 

As per DOJ website, this can be a CIVIL rights Violation by Police/Sheriff/Law enforcement agency and DOJ will take this complaint. Is this a possibility?

A:  David's Answer:   I cannot assess whether DOJ would take the case, as that's something you'd need to contact them directly about. As for a private civil rights claims, the answer is most likely not. Only very rarely are lawsuits successful against police for failure to investigate, and it's usually only where police do something affirmatively to facilitate the crime or where they've assumed some specific duty of protection regarding that particular individual. Schedule a consult with a NYC civil rights lawyer for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

When my son was arrested, the police came to my house which a Warren and took item and money Belong to me. Is legal?

Q:  Two days later they came again which a Warren 
And took my car 
How can I get everything back.

A:  David's Answer:  You can have your son's lawyer obtain a copy of the warrant to see whether the property was authorized by the Judge to be seized. If not, then you can put in a claim with the Police Dept. to retrieve the items:http://www.nyc.gov/html/nypd/html/property_cler.... Schedule a consult with a NYC Civil Rights lawyer for more info.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Illegal search

Q: if a pro se litigant didnt know that forceful search by coersion is illegal search and states in the complaint that she wasn't iiegally searched, can the lawyer now state in the opposition papers to a motion to dismiss that the pro se client was in fact illegally searched, or the case would then run the risk of getting dismissed for inconsistency between the complaint and opposition papers?

A: David's Answer: If the complaint specifically states that the search was not illegal, then you would need to file a cross-motion to amend the complaint. Otherwise, if you are alleging the search was not illegal, then there's no basis for your lawsuit & it will most likely be dismissed. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Second Amended Complaint - Give Opposing Counsel a Preview?

Q: I asked opposing counsel for permission to file a Second Amended Complaint in pro se second federal circuit court action. They responded that they would like to see it before they consent. Is this a delay tactic to get me to miss the deadline for filing a motion requesting permission to file? Or do lawyers show each other their hands before playing cards? I also offered to provide them a blackline. There are extensive changes to one tricky color-of-law section, which is the point of amending, plus aliases added to an elusive defendant. PS: Two lawyers already blew this civil rights action; it is a specialized area, but everyone thinks they know civil rights.


A: David's Answer: Could be them playing game with you because you're representing yourself - expect more of the same. But here's the practical issue - if you file a motion to amend your complaint, you'll need to attach the unredacted amended complaint anyway. In any event, based on your prior experience with the lawyers, my best advise is to schedule a consultation with a Civil Rights lawyer who handles such cases as a significant portion of his/her practice.  -- David Bliven, Bronx civil rights attorney (www.blivenlaw.net)

Can i sue my sister in law who is spreading rumors and damaging my son reputation in community we live in.

Q: she got divorced from my brother and my brother was seeing the kids on weekend only they are waiting for custody. she stopped the kids to see the father, who is currently living with me. she told them you cant go to your aunts (me) house because a drug user is in the house. and also she told the social worker same thing. she spread rumors that my son got arrested. all lies. she did damage to my reputation in community but i let it go but now she is hurting my sons feeling and his good character. my brothers kids called and said mom said you cant go because your cousin is a drug user and got arrested they even emailed to my brother asking is my son got arrested. my son is 16. can i sue her. today when kids social services called she told us that she spoke to her even about my son.


A: David's Answer: Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection.  --  David Bliven, Bronx civil rights attorney (www.blivenlaw.net)

Do you think this was legal ??

Q: Years ago I have a problem whit the police and they took my kids away and they arrest me in front on my kids, and when they put my kids on a police car the news 12, film my kids and put his faces on the tv and everyone sees his faces. Since that day my kids are scared of the police , the case is closed the judge says it was dismissed, but the main thing in here is that , it was ok the news film my kids and put his faces on the tv??

A: David's Answer: From a moral & ethical perspective, many news organizations don't show children's faces under such circumstances. From a legal perspective, even if this is a legitimate claim, you will likely face 2 problems with any potential lawsuit: (a) statute of limitations on intentional conduct is 1 year from the date of the incident, and (b) the damages may be relatively small (& thus not enough to justify a lawyer getting involved). - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Can a police officer force u into the precinct if u are not under arrest?

Q: I feel I was verbally abused and bullied and threatened by 6/7 nypd officers while trying to obtain my property. Can someone help me?

A: David's Answer: How did they "force you?" Did they physically grab you or push you? Were you handcuffed? Did you suffer any injury? If you were going to the precinct anyway to obtain your property, in what manner did you feel forced to go inside? Many more details would be needed to fully evaluate your claim. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Can cps request my phone record from my phone company?

Q: Can cps request for your call/text history from your phone provider to see who I'm talking to? To see if I violated order of protection.

A: David's Answer: In short, yes - but generally must get such records via a subpoena. If they did not issue a subpoena, you should write your cell phone company and make clear you are not authorizing those records to be released. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Can I sue when I was injured while being handcuffed?

Q: I was running in the park on a dirt trail today. A police car pull up, a cop gets out of the car, tells me to get on my knees and to put my hands behind my back. I do what he says, He runs up twists my wrist and cuffs me. He keep twisting my wrist so the narrow part of the cuffs clamp around the wide part of my wrist. Now my wrists are cut and swollen and starting to hurt. 

It turns out a different cop pulled someone over. The person he pulled over ran into to the park. A diffrent cop thought I was the person. I was not arrested or given a summons. 

Should I look for a lawyer and file a lawsuit or is it a waste of time?

A: David's Answer: You would need some kind of medical proof that any injuries to your wrist were caused by the handcuffs being placed too tight. Thus, you'd first need to seek medical attention for your wrist. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

FILING A CCRB COMPLAINT AGAINST NYPD OFFICER AND OBTAINING PRIOR COMPLAINTS

Q: I'd like to file a complaint against an NYPD officer that arrested me and lied on the report to justify the arrest. He kept bragging about how much overtime he was getting and how much money he made last year because of his arrests. I was taken to the Central Booking facility by another officer who said that the particular cop that arrested me "only sees dollar signs when he stops you". Is this something i can make a complaint for? If overtime pay plays that much of a role in his judgment, he should not be on the street. Also, is there anyway to obtain a history of all complaints against a particular officer?

A: David's Answer: You can certainly file a complaint with the CCRB. You may also wish to consider filing a false arrest lawsuit, assuming your criminal case was dismissed. You should additionally file & serve a notice of claim with the city within 90 days of the date of your arrest, to preserve state law claims. As for prior arrest reports, you can try filing a FOIA request, but the most probable way of obtaining them is via a lawsuit. - David Bliven, Bronx Civil Rights Law attorney (www.blivenlaw.net)

How do I go about suing acs?

Q: I am 21 years old and I was recently discharged from foster care into homelessness. That is against acs rules but they have done it anyway. I did everything I was suppose to do and got approved for a apartment in the Bronx. But since it has yet to come in acs has just kind of dismissed me. I would like to sue and was hoping someone could give me some advice on how to go about it.

A: David's Answer: First, I'd adamantly disagree that one cannot sue ACS merely because they MAY be able to establish qualified immunity. They'd first be required to establish qualified immunity, which isn't a given. Second, even if they're able to establish qualified immunity, this doesn't mean each defendant would be immune from suit. There are numerous cases in which ACS has been successfully sued, despite the doctrine of qualified immunity. That said, merely because the caseworker "made a mistake" doesn't necessarily qualify for a lawsuit. You would also generally have an obligation to mitigate your damages by applying for public assistance. - David Bliven, Civil Rights Law attorney (www.blivenlaw.net)

How do I start a 14th amendment claim

Q: I was in my friends house and police came in and locked us up for trust passing 14 mouths later charges where dropped how do I start the civil suite

A: David's Answer: As you presumably missed the 90-day deadline for filing a "notice of claim," your state claims are likely moot at this point. Thus, you may proceed in federal court on your federal claim of false arrest, which generally has a 3-year statute of limitations. You can file the complaint on your own, but its advisable to have an attorney represent you. - David Bliven, Bronx Civil Rights Law attorney (www.blivenlaw.net)

Should I have been read my miranda rights?

Q: I was cuffed and taken to the local precinct in my community for driving on a suspended license. .was detained and released in about 3hrs..were fingerprinted but no mugshot taken then released. ..I am trying to understand and want to know if that was protocol for someone who has never been in trouble with the law before. .I'm struggling with this because I was given the option of cutting my nails to be fingerprinted or possibly being taken to the holding cell at central booking where I may have had to spend the weekend in jail until seeing a judge on monday morning. ..Distraught in Bx

A: David's Answer: If the arrest itself was legitimate (obviously that assumes a lot), then they had the power to arrest you. The only issue then was whether they really needed to have you cut your fingernails. It's hard to say since I don't know what they'd say about why they couldn't do the fingerprints with them long, but if you feel they acted improperly, file a complaint with the Civilian Complaint Review Board: http://www.nyc.gov/html/ccrb/html/home/home.shtml - David Bliven, Civil Rights Law attorney (www.blivenlaw.net)

I was pulled over, can my parole officer take and keep my phone, as well as text my contacts?

Q: My ex husband was pulled over (they were waiting for him so his parole officer was present) and he was taken into custody for a parole violation. His parole officer took his phone from his truck, and after taking his phone, proceeded to contact people in his phone pretending he was my ex husband (my ex husband's parole case was drug related, so they were trying to "catch" him by contacting people in his phone). My ex husband is still incarcerated, awaiting his parole hearing, and his parole officer is refusing to turn over his phone, claiming "they are not quite done with it." Is this legal? Is there a way to get the phone back? Thank you!

A: David''s Answer: The parole officer would generally have needed a warrant to access his phone. Thus, any evidence he obtains will potentially be suppressed. You should immediately file an application for a return of the property and/or file a motion before the Judge presiding over the parole hearing for a return of the seized property. For more info, schedule a consult with a Civil Rights lawyer in your area. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Is illegal to recording federal building, transportation facilities (including airports), and police officers in NYC?

Q: I'm just wondering , if i am recording a federal building the police is allow to ask me about my identification ? also are police officer require to get a warrant to tap conversations occurring over phone or no?

A: David's Answer: I'm not aware of a prohibition against photographing federal buildings, unless you're loitering or trespassing. Moreover, it is not illegal to film the police unless they can say that you're "obstructing governmental administration." Finally, generally police need a warrant to tap phone conversations. For a full assessment, schedule a consult with a Bronx Civil Rights lawyer. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Please help my bf is an inmate and was brutally beat up badly by three CO's . Help.

Q: Please help my bf is an inmate and was brutally beat up badly by three CO's . Help. I am so scared. I want to go to the media apply to get him transferred and raise hell but what if they hurt him or its more serious. I can't bear to think losing him. Please advise me how to keep him safe from this point in I could put in a transfer request for other reasons but I want them to know I know and then maybe they wont hurt him.

A: David's Answer: His best protection is actually to complain about the situation, as then the spotlight will be on the officers. Indeed, your best move is to hire an attorney & have both a federal civil rights case filed as well as a complaint with the civilian complaint review board. Thus, call a NYC Civil Rights lawyer as soon as possible to schedule a consult. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

CAN I SUE THE DEPT OF PAROLE FOR THE INFRINGMENT OF MY CIVIL LIBERTIES

Q: I AM BEING DENIED TO LIVE WITH MY FUTURE WIFE AND HAVE MY CHILDREN STAY WITH ME BECAUSE OF AN EXPIRE ORDER OF PROTECTION WITH A DIFFERANT WOMAN (MOTHER OF CHILDREN) AND MY CRIMINAL CASE OF ASSAULT ON A PEACE OFFICER I HAVE COURT ORDER VISITATION WITH THE CHILDREN AND BECAUSE OR THE LOCATION OF THE VISIT IS THAT OF THE RESIDANCE WHICH I AM BEING DENIED TO LIVE IN. I HAVE NEVER BEEN ARRESTED NOR CHARGE FOR DOMESTIC VIOLANCE.


A: This would not necessarily be the basis for a lawsuit - yet. First, you'd need to exhaust your administrative remedies by challenging Parol's directives. You'd need to retain a Criminal Law attorney to do so. If this doesn't succeed, then you may consult a civil rights lawyer.  -- David Bliven, Bronx civil rights lawyer (www.blivenlaw.net)

My mother wants to sue the police? Is it possible?

Q: Yesterday at 6am the police knocked on our door with a warrant of arrest for someone we have never heard of but put our address. They requested to search the house but my mother had told them no because no one in the house was dressed appropriately at the moment. They forcefully pushed the door and pushed my mother who is disabled and started going through our closets and house. We were threatened to be arrested because we were resisting a search. I was threatened for stating my rights to the cop and he told me he would arrest me. My mom stood in her doorway and the cop pushed her to the floor. She called 911 and the woman told her they did an illegal search and helped her file a complaint. My mom wants to sue. There is more to the story but I don't have enough space. When they had pushed the door in my mother did request their badge numbers they refused to give them to her. I ended up having to dress quickly before they reached the back of the house. And when I stepped out my room I was accused of harboring someone I didnt even know. The police officer even said to me for all he knows I could be the person on the paper. I asked him would he like to see my ID and he said no. I know looking for someone is important but is a warrant for an arrest being able to replace a search warrant?


A: You may have a potential claim, and thus as a first order of business I'd suggest to file a complaint with the Civilian Complaint Review Board. You may also wish to request a copy of the warrant, if you weren't provided with same. If the address was wrong, the police can only be held responsible on a theory of negligence, so facts will need to be developed as to how they came up with the wrong address.  -- David Bliven, Bronx Civil Rights lawyer (www.blivenlaw.net)

Under what law, lawsuit can be filed against correctional facility?

Q: a correctional facility been giving psychotropic drugs to child on verbal consent. Now the child has side effects , mentally unstable and more violent.  Under what law a lawsuit can be filed against that facility?


A: You can file civil rights lawsuits against such facilities under 42 USC Sec. 1983. This may also be a case of medical malpractice. You're best advised to request receipt of all relevant medical records & request that a 2d opinion be given. Merely because a patient has side effects to medication, in itself, would not be the basis for a lawsuit. It would depend more on whether the drugs were considered medically necessary in the first place, whether the side effects were reasonably predictable & how long the side effects were allowed to persist before taking him off or switching him to another med.  -- David Bliven, Bronx police brutality lawyer (www.blivenlaw.net)

Court papers

Q:  I read in the pro se manual that after summons and complaint have been served on a defendant by a process server not party to the suit, the pro se plaintiff is allowed to mail any other court documents: motions, etc directly to the defendant(s) without using an intermediary like a process server. Does this apply to pro se plaintiffs in NY as well?
I heard that under NY law, a plaintiff cannot mail court papers directly to the defendants.

Additional information

 

correction: the federal court manual in nyc states that after summons and complaint have been served to defendant by a qualified individual not party to the suit, after the defendant files answer, then plaintiff may by himself/herself serve certain court documents by first-class mail to the defendant. However I may have read it wrong since I'm not a lawyer.

A:  David's Answer:  You can serve interlocutory papers by mail, but if they are papers in which you need an affidavit of service for (such as a motion), then the mailing must be done by someone else over the age of 18. Consult a NYC civil rights lawyer for more info. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Must all 1983 civil rights violation claims be brought in federal court or can they be brought in state superior?

Q:  Assuimg there is no diversity issue in that all parties are in same state, where is jurisdiction relative to which court?


A:  David's Answer:  Such cases may be brought in either state or federal court. You simply need jurisdiction in New York of all defendants. Speak to a Bronx civil rights lawyer for more info.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Recommended: "Families of police brutality victims speak out"

Well-recommended panel discussion - one which I attended live:

http://wearemany.org/v/2012/06/no-justice-no-peace

With Keeanga-Yamahtta Taylor, Brian Jones, Anton Ford, Mumia Abu-Jamal, Adam Blueford, Jeralynn Blueford, Jack Bryson, Dionne Smith-Downs, Carey Downs, Airickca Gordon-Taylor, Franclot Graham and Constance Malcolm

A June 30 panel discussion from the Socialism 2012 Conference in Chicago, featuring family members of Alan Blueford, James Earl Rivera, Jr, and Ramarley Graham, all victims of police murder. How can we win justice for these families, and how can we continue to build a movement against the New Jim Crow?

In the eyes of the U.S. justice system, if you kill a Black teenager, you're innocent until proven guilty. But if you are a Black teenager, you're already guilty when you get up in the morning. These are two faces of the U.S. criminal justice system, where the priority is anything but justice and where racism infects every inch of it - what Michelle Alexander has rightly called The New Jim Crow. Anger at this system is brewing in cities across the country. At the forefront of this growing movement are the families of the victims of police murder who are bravely taking a stand for justice and fighting for a world where these atrocities are a thing of the past.

How to get justice when you are being rail-road by the justice system.. when you have the city defending you???!!!

Q: I live in Harlem.. In May last year, the police enter my home, said they had a search warrant, my ex was here at the time,, they said it was for him..( his name is not on my lease)they enter my home with force,we was on the floor already when they entered(myself my ex) He was hit in the house and hit in the van(two fracture ribs, eyes swelling , and a scar on face) no warrant was purduce till 90 days later, we was arrested my self, son and ex, we filled a complaint for excessive force. than again the police enter my home still no warrant, but my previous case is still open.. the one that put hit my ex came in after the police had handcuffed us and said( do you think your complaint is going any were) and now a year later they are trying to bring up new charges. were is the justice?   The second time they came into my home they said there was a marijuana clip on my daughter window ledge(16) she was arrested too, this time, but it was dismissed. the cops are lying, but how do you prove your not guilty, if you have a judge dismissing charges as he said when my attorney asked why his response was(because i said so)and the reason was that the first judge at our arraignment said if no warrant is given within a certain amount of time, the evidence will be thrown out, that from the first case..so that was the judge response to that motion.. even for a 3030 denied.. i have no record.. nor do my son. were is the justice if you have no wins with the justice system, i forgot i am black and living in Harlem in the projects.


A: David's Answer: Because you have a rather complicated fact pattern, the best thing you can do is to schedule a consultation with a NYC Civil Rights attorney.  -- David Bliven, Bronx Civil Rights & Police Brutality attorney (www.blivenlaw.net)

Can i sue my sister in law who is spreading rumors and damaging my son reputation in community we live in.

Q: she got divorced from my brother and my brother was seeing the kids on weekend only they are waiting for custody. she stopped the kids to see the father, who is currently living with me. she told them you cant go to your aunts (me) house because a drug user is in the house. and also she told the social worker same thing. she spread rumors that my son got arrested. all lies. she did damage to my reputation in community but i let it go but now she is hurting my sons feeling and his good character. my brothers kids called and said mom said you cant go because your cousin is a drug user and got arrested they even emailed to my brother asking is my son got arrested. my son is 16. can i sue her. today when kids social services called she told us that she spoke to her even about my son.


A: David's Answer: Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection.  --  David Bliven, Bronx civil rights attorney (www.blivenlaw.net)

Can I sue the school for making false claims against my son and harrassing him?

Q:  It started with a rumor that a kid started about my kid was going to bring a gun to school. My kid has never done anything wrong in school, never been suspended or anything and because of that rumor the principal called the cops and tried to make it look like my son was the kind of person who would do that. My son went to a mental facility and was evaluated and they said he has no homicidal tendencies. He was away from home for five days because of this. Now whenever anything happens at the school, like a foul odor a cop comes to the door to question my son. What do I do?


A:  David's Answer:  You may wish to consider a lawsuit against both the school & the police for arresting your child without probable cause. The issue may be whether they actually had reasonable grounds from brining him to the mental facility involuntarily. This will take a full assessment by a civil rights lawyer - so call one in your area & schedule a consult.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Civil Rights Litigation 42 U.S.C.S :1983

Q:  I have a case 1:13-cv-06843-BMC Markman v. City of New York et al

I am looking for representation

Thank You


A:  David's Answer:  You may look for lawyers using the "Find a Lawyer" tab, or by calling the Bar Association. Care to share some brief facts of your case? It may help in preliminarily assessing the case both on the chances of establishing liability as well as the potential for damages. Call a NYC Civil Rights lawyer to schedule a consult for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

My Avvo Rating has increased to 9.6 (Superb Rating)!

http://www.avvo.com/attorneys/10601-ny-david-bliven-952796.html

Comment: Victories against police repression

Lawyer David Bliven looks at the implications of two legal cases in New York City.

April 15, 2014

TWO IMPORTANT and intertwined New York City police misconduct cases were settled in January--early on in the era of Mayor Bill de Blasio.

Floyd v. City of New York was the lawsuit challenging the stop-and-frisk policies of the NYPD. The case had far-reaching implications, as many other police departments would likely follow the lead of the case. If the plaintiffs won, police departments around the country would consider amending their own stop-and-frisk policies, but if the city won, stop-and-frisk would gain new life.

It was therefore a significant victory, particularly for minorities who have suffered at the hands of the NYPD, for the lawsuit to be successfully settled. In the end, the de Blasio administration dropped an appeal initiated by former Mayor Michael Bloomberg and accepted the decision of District Judge Scheindlin. The decision, among other things, appoints a monitor over the police department to supervise reforms.

Alongside the Floyd settlement came a settlement in the 10-year litigation stemming from the police crackdown during the 2004 Republican National Convention (RNC). This settlement came with much less fanfare than the Floyd settlement, however. The implications of both must be seen as two parts of the same whole.

The Republican National Convention lawsuit settled for over $12 million for the plaintiffs, which, as the National Lawyers Guild noted in its press release, is the largest settlement in U.S. history for a lawsuit stemming from a mass arrest.

The lawsuit pitted nearly every single civil rights lawyer in the entire New York City region (myself included) against "pro bono" lawyers from many elite law firms. The suit aimed to challenge the NYPD's ability to conduct mass arrests of "political protesters" who, in the department's eyes, "step out of line" at major demonstrations.

The real story is that the NYPD conducted a massive dragnet of activists--and several bystanders--herding them onto buses and then dumping them in an abandoned bus depot for many hours (more than a few stayed for days). Depositions revealed that most of the detainees were kept in wire cages like animals--in a clear attempt to dehumanize them. Many suffered health effects from breathing in the toxic fumes from the depot, since the city never bothered to clean the depot before it was made into an "impromptu jail."

While the settlement amount was relatively large, the plaintiffs suffered a significant defeat in the case earlier on in the litigation. Plaintiffs sought to end the NYPD's ability to deem a particular march to be "parading without a permit," and then start arresting anyone who did not "promptly disperse."

Unfortunately, the court ruled against the plaintiffs on that issue, thus allowing the NYPD (and arguably other police departments in other cities as well) to simply wave a magic wand and deem a particular demonstration "illegal," and then seek to disperse it. Anyone refusing to leave the area--or indeed not leaving fast enough in the cops' eyes--may then be arrested.

From the perspective of the ruling class, it would love for its police to continue arresting people for no reason whatsoever. This would be the ideal police state, in which people--particular minorities who are the ones most disaffected by the system--live in constant fear of getting arrested or detained.

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THESE LAWSUITS are a testament to the fact that the legitimacy of the system was being called into question, in the same way the system made a compromise to end the original Jim Crow when its maintenance would have weakened the legitimacy of the system in the eyes of too many people.

That said, socialists and radicals are aware that Democrats are just as committed to the criminal system of injustice as Republicans are--in the same way that both parties are committed to imperialism. Just as the Obama administration retooled the U.S. war machine and made it slimmer and "more focused" (a la drones and special forces) in its delivery, so, too, will they seek to do so on the domestic front with their police.

With the RNC court decision, the NYPD continues to have carte blanche to shut down political demonstrations. And we must bear in mind that the Floyd case did not completely end stop-and-frisk--instead, it ended NYPD's policy of "stop-and-frisk for no reason whatsoever." In other words, henceforth, cops will generally need a specific reason to stop and detain a person other than, say, their race or the neighborhood they're in.

But given this author's experience with cops, if they now need to come up with reasons to stop minorities, they'll come up with an assortment of reasons. The reasons to stop-and-frisk will now be as varied as their imaginations.

This is why activists cannot stop protesting the criminal system of injustice. We cannot rely on Democratic politicians to protect our rights--we must demand them. We must continue to fight for stronger reforms of police, such a cameras on their uniforms and the filming of all interrogations.

But we also must ultimately fight to end the police--we must make cops and jails obsolete. We must demand cuts to budgets of police departments and jails--and divert those funds to schools, jobs, decent housing, hospitals and increased social services.

Make no mistake about it--de Blasio is scheming to retool the NYPD and make it the "lean, mean, fighting machine" that Obama has achieved with the U.S. military. His appointment of William Bratton as police chief is an excellent example of this. Bratton doesn't oppose stop-and-frisk--he just opposes widespread stop-and-frisk. Thus, we may not see 700,000 to 800,000 people stopped every year--instead, under de Blasio/Bratton, we may see "only" 100,000 to 200,000 stopped every year.

What we won't see is the NYPD's budget cut in half and humane conditions at the city's jails--at least not without protest in the streets. But this indeed is always where the left has made its biggest advances--not in electing supposedly progressive candidates, but in organizing a resistance which rattles the system. We must therefore continue to organize the end the new Jim Crow--and nothing short of a new civil rights movement will accomplish that.

First published at SocialistWorker.org.

What recourse does an individual have if the prosecutor assigned to his complaint refuses to investigate properly?

Q:  I taped a conversation with the prosecutor and it seems clear he never intended to do his job. He never even interviewed me "substantively", as I recall him promising. Here is the taped phone call - with some added humor... http://www.youtube.com/watch?v=vi2i5I8OX40


A:  David's Answer:  Your recourse is to take the case to trial - of course only after advice from a good criminal defense lawyer. If you beat the case, it's possible you may be able to sue for malicious prosecution. Bear in mind you must generally file a notice of claim within 90 days of the date of the incident & the claim itself within 1 year & 90 days. Schedule a consult with a Westchester civil rights lawyer for a full assessment.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

In New York State..Legally, do I have the right to record a Police Officer right when I am being pulled over, and during the

Q:  Questioning phase? For example: I get pulled over for speeding and OR at a road check or dui checkpoint: Am I allowed to record the officers verbal interaction with myself? Record audio and video with my phone or camera? As I am aware, New York state is a one party consenting state..When it comes to recording audio and video..So if I am part of the conversation, I believe I have the right to record, even if it is law enforcement, correct? Thank you


A:  David's Answer:  Generally you may audio or video tape any conversation you are a part of. If, however, the police are attempting to affect an arrest, they may reasonably ask you to release holding the recording device so they can put the handcuffs on you. Failing to abide may be construed as resisting arrest.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

I was pulled over in White Plains, NY.. And I was told by the officers , along with my friends that were passengers in my car.

Q:  WE were told to step out of the vehicle. The officers began to search my vehicle, front, under seats and opened trunk.. I do not know what they were looking for BUT I assume either drugs and or weapons..HOWEVER, My friends and I were just driving on a city road, as any "normal" people would..NOT doing anything illegal, not was I speeding..My license was fine.. My question is the following: Do police officers have a right to search any vehicle for any reason they deem necessary? OR..Do they have to ask for and retain my permission? I can understand if I had a warrant or wanted by the police.. But I had not commited any crime , at all.. NOTHING illegal was found in my car as we did not posess any weapon(s) OR drugs.. Were any of my rights violated? Next time, do they have to have reason?


A:  David's Answer:  Generally police need your consent or "reasonable suspicion" in order to conduct a search of your vehicle. In the instance you describe, did they issue a ticket and/or were you arrested? If not & there was no discernible basis upon which to conduct the search, at the least you may file a complaint against the police. As to whether there's a basis for a lawsuit, you should schedule a consult with a White Plains civil rights lawyer.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

A cop gave me a wedgie - is this police brutality?

Q:  I was standing on the sidewalk in front of my apt. building and all of a sudden a cop car stopped in front of me, a cop got out, came up to me, handcuffed me and walked me over to the cop car. Then he told me to put my hands on the car and he frisked me. I was scared so I just did what he said. All of a sudden, as the cop was frisking me he reached into my pants, grabbed my underwear, and gave me a wedgie. It really hurt and I kept asking him to stop but he just started laughing and was calling me names. For some reason, he just held me there by my underwear for like 5 minutes. After a while he let me go and took the handcuffs off. I asked him what this was about and he didn't answer me, he just said I can go. It was so weird. Is there anything I can do? Is this police brutality? HELP!


A:  David's Answer:  This would indeed appear to be police misconduct. At the least you should file a complaint with the CCRB. I agree with my other colleagues about damages - this would more be a small claims lawsuit. Schedule a consult with a NYC Civil Rights lawyer for a full assessment.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net) 

My car was seized because of sealed indictments. The police paid off the remaining balance owed on my vehicle. over 10000

Q:  The police paid off car almost a year before me ever receiving any legal paperwork on the car and about 16 months after the car was initially taken. Do they have the right to do this? The car was bought with legitimate funds. Isn't there some time frame that they have to follow to file paperwork? They are saying the vehicle was instrumental to the crime.


A:  David's Answer:  The police would have generally needed to have a seizure order from a Judge - and even then generally they would need a conviction to actually proceed to a sale. You would need to demand the paperwork from the police showing the seizure order and hire a criminal defense lawyer to ascertain the status of the criminal proceeding against you. Schedule a consult with a civil rights lawyer in your area for more info re: a possible lawsuit against the police.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

What happens after a deposition in New York with a law sue against the nypd for police brutality?

Q:  I got a attorney to help me sue the city of New York police department for injuring me. With a blow to the head , none of the officers were identified as polices officers to me until after handcuffs were put on me. My attorney isn't really telling me anything about my case other then when we have a deposition . It's been 3 years since the law sue started and I'm basically lost on the issue.


A:  David's Answer:  First, you should have a sit-down with your lawyer. You should be clear on what the strategy is, what the status of settlement negotiations are & how the case will proceed from here. Usually depositions are about the last thing to take place before the Judge certifies the case as ready for trial. For a 2d opinion, schedule a consult with a NYC Civil Rights lawyer.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

My sister is suing the the city for the use of excessive force.. her lawerys is on the phone with the city l is that a good?

Q:  the nypd enter her home at the time with no warrant, but came up with one 3 monthes later,when they enter her home they throw her on the floor and her small children and handcuffed her husband than hit him in the head with they gun,were it caused his head to begain to bleed, Onces place in the unmarked van the cop beat him up in the back of the van, were it caused him to have fracture ribs, the nypd still refuse to take him to the hospital, instead they took him to the bookings, once there the bookings said they will not take him with with all that blood leaking from his head, , than months later the same officers enter her home again, and the officers that attacked her husband came in after police broke her down and said (Do you think your case is going anywere) than left. I


A:  David's Answer:  I'm not sure I understand your question, but if it's whether your attorney should be speaking to the city's lawyer, the answer is absolutely yes. About 90-95% of all such cases settle or are otherwise resolved prior to trial. For a 2d opinion, schedule a consult with a NYC Civil Rights lawyer.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

How to or explanation of writing "a short and plain statement of the claim that the pleader is entitled to relief"

Q:  I am pro se/ pro per who yes is suing the federal government. I know not advisable and can't hire an attorney. I survived a 12 (b) (6) motion to dismiss and have been given time to amend my complaint. I don't understand what is meant by "a short and plain statement of the claim that the pleader is entitled to relief...enough facts to state a claim to relief that is plausible on its face" What exactly is considered SHORT?"" Do you know of any cases in federal court that came after ERICKSON that would show a good example?" After I state this short statement of the claim...Do I then follow up with more specific facts which would lengthen the overall document so as to thoroughly state my position?


A:  David's Answer:  Preliminarily, I don't understand the statement that you "can't" hire an attorney. You should shop around, as many civil rights attorneys either take cases on a straight contingency or low-fee basis. That said, your question depends on what you're drafting. If you're drafting a complaint, the only precise thing I can say without a full assessment is for you to list all relevant facts sufficient to make out a cause of action. Schedule a consult with a Civil Rights lawyer in your area.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

I wanted to see if I can pursue a case against the two precincts that arrested me for false assault.

Q:  I was arrested on 2/5/2014@3 am. I was not read my rites. At 245 am I was in bed at my boyfriend when we heard loud banging, it was his ex that broke in using a knife. She then came into room where I was rip the sheets off me which then knife grazed me on my thigh then he got knife away she grab a wine bottle and pushed in my face so I grabbed her hair and hit her twice he broke us up then he lifted her out of the apt she then bust the door open he threw her out again and bolted the door she said gonna call police because we had her stuff boyfriend threw it out the window so we waited for the police.we went down they told to put our hands on wall and don't move she told them we attacked her.handcuff all three of us without reading rites when we transfer they had me and her in same cell


A:  David's Answer:  On these facts, your claim is most likely not against the police, but against the ex-girlfriend for filing a false complaint. First you'll need to get the criminal case dismissed. Then you can sue her in civil court for "abuse of process." Schedule a consult with a Bronx civil rights lawyer for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Lawsuit against NY police department.

Q:  I got false arrested 2 times by NYPD police about 1 year and 6 months ago. I just got all criminal charges dismissed and proved my arrest was a false arrest. I plan to sue NYPD for compensation. I heard some lawyer told me in order to sue NYPD, I have to file a notice of claim within 90 days of the arrest. But some lawyer told me I dont have to file such thing, once I proved my case was a false arrest, I have up to 3 years to file lawsuit. I didnt file any notice within 90 days so if i still have chance to sue NYPD


A:  David's Answer:  A notice of claim indeed needs to be filed within 90 days of the date of the incident. That said, you may have only waived your state claims at this point. You have up to 3 years to file your federal civil rights claims. Consult a NYC civil rights lawyer for more info.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Court papers

Q:  I read in the pro se manual that after summons and complaint have been served on a defendant by a process server not party to the suit, the pro se plaintiff is allowed to mail any other court documents: motions, etc directly to the defendant(s) without using an intermediary like a process server. Does this apply to pro se plaintiffs in NY as well?
I heard that under NY law, a plaintiff cannot mail court papers directly to the defendants.

Additional information

 

correction: the federal court manual in nyc states that after summons and complaint have been served to defendant by a qualified individual not party to the suit, after the defendant files answer, then plaintiff may by himself/herself serve certain court documents by first-class mail to the defendant. However I may have read it wrong since I'm not a lawyer.

A:  David's Answer:  You can serve interlocutory papers by mail, but if they are papers in which you need an affidavit of service for (such as a motion), then the mailing must be done by someone else over the age of 18. Consult a NYC civil rights lawyer for more info. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)