“Civil Rights” refers to the rights you have as a citizen, under the United States Constitution, or the New York State Constitution, to be free from unwarranted governmental intrusion. In most cases, civil rights violations involve police actions and include the following:
- False Arrest
- Malicious Prosecution
- False Imprisonment
- Police Brutality
- Title 42 USC 1983 Claims
- Title 42 USC 1981 Claims
- Unlawful Stop & Frisk
- Abuse at Rikers Island
- Have spent time in solitary confinement at Rikers Island
- Are the victim of physical abuse at the hands of corrections officers or other inmate at Rikers Island
We have the seminal NYC case dealing with solitary confinement in the matter of Kalief Browder
The U.S. Attorney for the southern District of New York commenced an investigation into Rikers Island which was complete and made public in 2014. It concluded that there was a ‘pattern of non physical and emotional abuse by corrections officers on inmates’ – particularly those who were held in solitary confinement.
If you were detained at Rikers Island awaiting trial and were subject to abuse at the hands of corrections officers or if you were the victim of inmate on inmate violence- you may have a claim to pursue.
Mr. Prestia is regarded as a pioneer in this area when he exposed the failings of the City of New York and the New York City Department of Corrections in his multi-million dollar lawsuit brought on behalf of Kalief Browder. Kalief was held in solitary confinement as a teenager for over two years and was tortured by corrections officers prior to his case being dismissed by the Bronx County District Attorney’s Office.
Mr. Prestia currently represents Candie Hailey, another solitary survivor, who spent three years in solitary confinement. Her treatment there was so egregious, she attempted suicide over eighty times. Ms. Hailey’s lawsuit is still pending.
You cannot be arrested unless there is a warrant for you arrest or there is probable cause to believe that you committed a crime. If you have been arrested without a warrant and without probable cause, and your case was subsequently dismissed, your civil rights may have been violated. You may have a cause of action against the city of NY and NYPD.
You may also have a claim if you are arrested and released prior to seeing a judge without charges being filed against you, or if you were granted an ACD by the court.
If you believe you have been falsely arrested or prosecuted, or if you were physically assaulted by the police, contact our firm for a free initial consultation. We will vigorously pursue your rights in state or federal court.
Attentive, aggressive, diligent representation:
The Prestia Law Firm: (212) 430-6313 / (877) 627-2881