In Granath v. Monroe County, 2026 NY Slip Op 01586, the New York Court of Appeals considered when a police officer driving an emergency vehicle could face civil liability after entering an intersection against a red light and colliding with
New York Personal Injury Lawyer Blog
The New York Personal Injury Lawyer Blog, published by Stephen Bilkis, focuses on legal issues related to personal injury and civil rights within New York. It covers topics such as police use of force standards, negligence doctrines like res ipsa loquitur and exclusive control, Fourth Amendment protections against unlawful searches and seizures, and constitutional claims under Section 1983 for police misconduct. The blog discusses landmark court cases that shape the legal landscape for personal injury and civil rights claims, emphasizing the balance between law enforcement duties and individual rights. It addresses both procedural and substantive aspects of personal injury and civil rights law relevant to New York residents.
Blog Authors
Latest from New York Personal Injury Lawyer Blog
Supreme Court Set Standard for the Use of Police Force. Graham v. Connor, 490 U.S. 386 (1989)
Graham v. Connor set an important precedent in defining the standards for evaluating the use of force by law enforcement. This case has had a lasting impact on how courts assess police actions involving force, emphasizing the objective reasonableness standard.…
Res ipsa loquiter did the apply because the defendant did not have exclusive control. Dermatossian v. New York City Transit Authority 67 N.Y.2d 219 (N.Y. 1986)
The exclusive control doctrine is a legal principle often invoked in personal injury cases, particularly those involving negligence claims. It forms a critical component of the res ipsa loquitur doctrine, a Latin phrase that translates to “the thing speaks for…
Search warrant used was invalid due to insufficient probable cause. People v. Bigelow, 66 N.Y.2d 417 (1986)
People v. Bigelow, a pivotal case decided by the New York Court of Appeals in 1986, marked a significant moment in the realm of criminal law. The case involved critical legal issues related to the Fourth Amendment, search and seizure,…
Use of deadly force to apprehend a fleeing suspect is generallly unconstitutional. Graham v. Connor, 490 U.S. 386 (1989)
In New York, police misconduct and brutality have been persistent problems for years. Communities, particularly marginalized and minority groups, have raised serious concerns about excessive use of force, racial profiling, harassment, and other forms of misconduct by law enforcement officers.…
Individuals can sue police officers for violating their constitutional rights under Section 1983 of the Civil Rights Act. Monroe v. Pape, 365 U.S. 167 (1961)
Monroe v. Pape, a seminal case decided by the United States Supreme Court in 1961, holds great historical significance in civil rights litigation against law enforcement. This landmark decision marked a turning point in the legal battle against police misconduct…
Supreme Court determined that search of defendant’s apartment was constitutionally valid. Hill v. California, 401 U.S. 797 (1971)
The Fourth Amendment to the United States Constitution guards against unreasonable searches and seizures. It emphasizes the need for warrants issued based on probable cause and specifies that these warrants must describe the place to be searched and the persons…
NYPD’s stop and frisk policy did indeed violate the plaintiffs’ Fourth and Fourteenth Amendment rights. Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013)
Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013) is a civil lawsuit that challenged New York Police Department’s “stop and frisk”. Stop and frisk allowed the stopping, questioning, and frisking of individuals without a warrant…
Court denied the defendants’ motion to dismissed for the claim of excessive force. Skorupski v. County of Suffolk, 652 F. Supp. 690 (E.D.N.Y. 1987)
Skorupski v. County of Suffolk, et al., a civil rights case under 42 U.S.C. § 1983, highlighting alleged violations of civil rights. The incident revolves around a mistaken identity arrest. The subsequent events led to claims of excessive force and…
Did A Police Officer Use Excessive Force During an Encounter with a Truck Driver on the Long Island Expressway?
Jocks v. Tavernier is a significant legal case that unfolded within the United States District Court for the Eastern District of New York and was later appealed at the Second Circuit Court of Appeals. The case revolves around allegations of…