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)
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.
Saturday, January 10, 2015
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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