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.
Friday, November 20, 2015
Monday, March 30, 2015
Filing a Notice of Claim in Police Misconduct case
Q: I am placed in a 24/7 'monitoring' protocol in NYC which I am aware of
since last May. I attempted to get information by FOIPA and FOIL
requests unsuccessfully.
In September 2014, still the organized stalking ongoing, my wife walked out of the apartment and initiated an unfounded DV misdemeanor case against me. This court case is still ongoing possibly heading for trial since I am not pleading guilty. The organized stalking includes electronic harassment. The newest type of electronic harassment I experience in public appears to be a from a device law enforcement acquired from Raytheon around 2010. I 've been regularly documenting the vehicular and foot patrol and the electronic harassment teams. I do not believe the use of this type of device is authorized and legal.
David's Answer: If the police are not confirming they are the ones doing the surveillance, then it's be your burden to prove they're the ones behind it. Thus, my advise is to capture the surveillance on video. Brea in mind a notice of claim must be filed within 90 days of the date of any perceived civil rights violation. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
In September 2014, still the organized stalking ongoing, my wife walked out of the apartment and initiated an unfounded DV misdemeanor case against me. This court case is still ongoing possibly heading for trial since I am not pleading guilty. The organized stalking includes electronic harassment. The newest type of electronic harassment I experience in public appears to be a from a device law enforcement acquired from Raytheon around 2010. I 've been regularly documenting the vehicular and foot patrol and the electronic harassment teams. I do not believe the use of this type of device is authorized and legal.
David's Answer: If the police are not confirming they are the ones doing the surveillance, then it's be your burden to prove they're the ones behind it. Thus, my advise is to capture the surveillance on video. Brea in mind a notice of claim must be filed within 90 days of the date of any perceived civil rights violation. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Saturday, March 14, 2015
Police misconduct statute of limitations in nyc
Q: please advise- is there a statute of limitations on investigations against police officer misconduct in NYC? I saw notice of claim filing timeframe but not sure if it applies. I filed another complaint with NYPD 'IAB' in 2010 that remains unanswered to date. This last request was filed to have my complaint reopened that began In 2007 and involves officers misrepresenting themselves as internal affairs and sharing my case information with the person I was having problems with. Also, the complaint includes a detailed list of requests for review of events that were never addressed such as stalking, failure to implement court orders, and failure to notify me of threats to my safety.
So does the statute apply? Who handles these cases? Thanks!
A: David's Answer: "Statute of limitations" generally means your deadline by which to file a lawsuit, not IAB's time in which to investigate a complaint. I'm not actually aware IAB has any internal deadline at all - you should thus discuss your case with a lawyer to ensure you don't miss your deadlines. Schedule a consult with a NYC Civil Rights attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
So does the statute apply? Who handles these cases? Thanks!
A: David's Answer: "Statute of limitations" generally means your deadline by which to file a lawsuit, not IAB's time in which to investigate a complaint. I'm not actually aware IAB has any internal deadline at all - you should thus discuss your case with a lawyer to ensure you don't miss your deadlines. Schedule a consult with a NYC Civil Rights attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Police officer have a legal right after they have pulled you over for a brake light situation not working, search your car ?
Q: My son has brain damage as a result of his epilepsy. He got pulled over by a local officer today.
He was searched as well as his car ! He was stopped due in part to his brake lights.
I don't believe that the officer had the right to search my son's car & search him too !
He didn't anything wrong. When we get it fixed we have to just show the court proof that
it was addressed.
A: David's Answer: Generally the police would need to have reasonable suspicion with specific, articulable facts justifying the search. Many cops get around this, however, by asking "is it o.k. if I look in the car?" Many people - not knowing their rights - say "yes." If so, this would constitute a consent to search, waiving the violation of his rights. Schedule a consult with a civil rights lawyer in your area for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
He was searched as well as his car ! He was stopped due in part to his brake lights.
I don't believe that the officer had the right to search my son's car & search him too !
He didn't anything wrong. When we get it fixed we have to just show the court proof that
it was addressed.
A: David's Answer: Generally the police would need to have reasonable suspicion with specific, articulable facts justifying the search. Many cops get around this, however, by asking "is it o.k. if I look in the car?" Many people - not knowing their rights - say "yes." If so, this would constitute a consent to search, waiving the violation of his rights. Schedule a consult with a civil rights lawyer in your area for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Friday, March 13, 2015
Police misconduct statute of limitations in nyc
Q: please advise- is there a statute of limitations on investigations against police officer misconduct in NYC? I saw notice of claim filing timeframe but not sure if it applies. I filed another complaint with NYPD 'IAB' in 2010 that remains unanswered to date. This last request was filed to have my complaint reopened that began In 2007 and involves officers misrepresenting themselves as internal affairs and sharing my case information with the person I was having problems with. Also, the complaint includes a detailed list of requests for review of events that were never addressed such as stalking, failure to implement court orders, and failure to notify me of threats to my safety. So does the statute apply? Who handles these cases? Thanks!
A: "Statute of limitations" generally means your deadline by which to file a lawsuit, not IAB's time in which to investigate a complaint. I'm not actually aware IAB has any internal deadline at all - you should thus discuss your case with a lawyer to ensure you don't miss your deadlines. Schedule a consult with a NYC Civil Rights attorney for a full assessment. -- David Bliven, Bronx Civil Rights Attorney (www.blivenlaw.net)
A: "Statute of limitations" generally means your deadline by which to file a lawsuit, not IAB's time in which to investigate a complaint. I'm not actually aware IAB has any internal deadline at all - you should thus discuss your case with a lawyer to ensure you don't miss your deadlines. Schedule a consult with a NYC Civil Rights attorney for a full assessment. -- David Bliven, Bronx Civil Rights Attorney (www.blivenlaw.net)
Wednesday, March 11, 2015
How can I file a complaint or a suit against a police officer?
Q: my friend(female) was arrested by a police officer. she was a passenger while driving in a taxi. taxi was being perverted and threatning. after a dispute of the location the passenger requested cab driver decided to immediately drop her off.as she went to pay for the cab fare he violently grabbed her hand and broke her purse. my friend then out of fear pulled out a box cutter and advise the cab driver to leave her alone. when cops arrived my friend got arrested. she believes the cop was being unjust. Majority of cops did not want to arrest her as she was acting in self defense ( she is 4'9 weighs 120lb.) but the senior cop had it out for her. how can we file a suit.
A: David's Answer: First, she should reserve her right to file a lawsuit by filing a notice of claim within 90 days from the date of the incident. Second, generally one cannot met non-deadly force with deadly force. Thus, for the lawsuit to stand any shot at all, the charges would need to be dismissed by the criminal court Judge on a pre-trial motion to dismiss for failure to state a cause of action (probably unlikely). Your friend should nevertheless schedule a consult with a Bronx Civil Rights lawyer for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: First, she should reserve her right to file a lawsuit by filing a notice of claim within 90 days from the date of the incident. Second, generally one cannot met non-deadly force with deadly force. Thus, for the lawsuit to stand any shot at all, the charges would need to be dismissed by the criminal court Judge on a pre-trial motion to dismiss for failure to state a cause of action (probably unlikely). Your friend should nevertheless schedule a consult with a Bronx Civil Rights lawyer for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Saturday, February 21, 2015
If apartments door is closed and locked do police need permission in hallway without exigent circumstances?
Q: They. Press's doorbells so people let them inn. The lady opened they walked right inn. Without asking
A: David's Answer: It depends - if they were "let in" & in other words invited in, then they don't need a warrant as that's a consent to enter. But it depends on what words were exchanged between the police & those you "let them in." You may need to call either a Bronx criminal law attorney and/or civil rights attorney to schedule a consult. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: It depends - if they were "let in" & in other words invited in, then they don't need a warrant as that's a consent to enter. But it depends on what words were exchanged between the police & those you "let them in." You may need to call either a Bronx criminal law attorney and/or civil rights attorney to schedule a consult. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Saturday, January 10, 2015
Can i sue the Ny police department for excessive force?
Q: I was arrested Last week and was assaulted by the nypd. I was punched, cuffed and then body slammed. My injuries are minimal but I have a neighbor who witnessed the whole situation.
A: David's Answer: I was arrested Last week and was assaulted by the nypd. I was punched, cuffed and then body slammed. My injuries are minimal but I have a neighbor who witnessed the whole situation. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: I was arrested Last week and was assaulted by the nypd. I was punched, cuffed and then body slammed. My injuries are minimal but I have a neighbor who witnessed the whole situation. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
How can I stop Ny polices to arrest me?And what how can I make them starting investigate?my ex husband using polices at ny
Q: He is been getting order of protection almost every boroug from Ny state and makes false compleint s on violation order of protections .He has Manhattan, Bronx , SI and Brooklyn . When I appear to court to defend myself, I get arrested from another borough.he is using the domestic violance laws andpolice department to abuse and terrorizes me.i have been arrested 5 times already.his complaints are all from blocked number calls him.everybody believes I am innocent but they can not do anything, they have to arrest me.i am terrified,I have two kids and I recently lost my job because of arrests.This man is real crazy and I don't know what to do ? I need help?how can I make them investigate his phone records and how can I show he was completely lying .i live in Nj, I have to ny all the time
A: David's Answer: Here's at least 3 things you can do - file an application in each of those courts to prevent him from filing future applications without first seeking judicial permission to do so. Second, if he makes more than you, file an application for counsel fees in each of those cases. If the cases are frivolous, the court can also assess sanctions against him. Finally, you may sue him for abuse of process in civil court. Speak to a NYC Family Law attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: Here's at least 3 things you can do - file an application in each of those courts to prevent him from filing future applications without first seeking judicial permission to do so. Second, if he makes more than you, file an application for counsel fees in each of those cases. If the cases are frivolous, the court can also assess sanctions against him. Finally, you may sue him for abuse of process in civil court. Speak to a NYC Family Law attorney for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Assault at school- go to the police?
Q: My son who is in 8th grade got into a simple debate about whether his friend was a better skateboarder than another kid who is in his school and told the other kid he wasn't a good skateboarder.
The other kid, it turns out, is turning 16 next month, and still in the 8th grade. The other kid threw my son down to the ground, got on top of him, and kept my son down by pressing down on my son's neck with his forearm. The other kid is almost 200 lbs, about twice my son's weight. The school my give him an external suspension for 3 days, even though the zero-tolerance policy is 5. We have heard through a mutual friend that the student may only get 1 day external suspension because he didn't punch my son. Should I go to the police or let the school do as they may?
I asked about the student's history, and the school's assistant principal would not tell me anything about the student, including his name, and told me they cannot tell me how they are disciplining the student. Of course my son told me the student's name. The student has been left back twice , and the student was caught with drugs in the past- common knowledge, and the student openly admits it to other students. Luckily my son had a group of other students see what happened and pulled the kid off him. My son didn't even try to defend himself for fear of getting in trouble.
I forgot- the other kid also went to my son's class later on and "called him out" during my son's Social Studies class. The teacher threw the other kid out of the room and sent him on his way. The teacher went into the hallway after the other kid left and talked to another adult, about what we don't know.
A: David's Answer: First, you should consider consulting with a lawyer handling education lawsuits, as you may wish to document to the school that you feel under-disciplining the student may risk more harm in the future. Second, if you are dissatisfied with the school's response, then yes, it would appear to make out a cause of action for disorderly conduct & thus reportable to the police. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
The other kid, it turns out, is turning 16 next month, and still in the 8th grade. The other kid threw my son down to the ground, got on top of him, and kept my son down by pressing down on my son's neck with his forearm. The other kid is almost 200 lbs, about twice my son's weight. The school my give him an external suspension for 3 days, even though the zero-tolerance policy is 5. We have heard through a mutual friend that the student may only get 1 day external suspension because he didn't punch my son. Should I go to the police or let the school do as they may?
Additional information
I forgot- the other kid also went to my son's class later on and "called him out" during my son's Social Studies class. The teacher threw the other kid out of the room and sent him on his way. The teacher went into the hallway after the other kid left and talked to another adult, about what we don't know.
A: David's Answer: First, you should consider consulting with a lawyer handling education lawsuits, as you may wish to document to the school that you feel under-disciplining the student may risk more harm in the future. Second, if you are dissatisfied with the school's response, then yes, it would appear to make out a cause of action for disorderly conduct & thus reportable to the police. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
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