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)