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)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
Monday, July 14, 2014
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)
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)
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)
Saturday, July 12, 2014
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.
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)
I heard that under NY law, a plaintiff cannot mail court papers directly to the defendants.
Additional information
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)
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)
Wednesday, July 2, 2014
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
http://wearemany.org/v/2012/06/no-justice-no-peace
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.
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.
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