Wrongful Death While In Police Custody
The use of excessive force by police during violent arrests or while an inmate is in custody is devastating and, many times, avoidable. Although this is not a frequent occurrence in New York, a wrongful death while in police custody can happen when there is an intense struggle while a person is in restraints and unexpectedly dies.
There have been cases where an inmate was denied medical care, which led to a wrongful death. In most cases, these deaths are deemed avoidable and the police or corrections officer can be held accountable.
Police officers are responsible for protecting the communities they serve, but sometimes, the police act negligently and people’s civil rights are violated, which can lead to severe injuries or even the death of someone in custody. In certain circumstances, criminal charges can be brought against a police officer for excessive force or even homicide or manslaughter.
Seek Justice And Vindication
The families of the deceased can file suit in New York state court or federal court to seek vindication and just compensation.
Many liability factors are associated with these types of deaths, which can lead to a wrongful death lawsuit brought against the police or corrections officer, the police department and possibly the municipality. The victim’s family, with a lawyer’s help, must be able to show that the police acted negligently and that the death was avoidable.
Damages and settlement amounts can vary based on which jurisdiction the lawsuit is filed in. Plaintiffs may seek claim in New York state court if the officer acted negligently or with malicious intent. A federal claim can also be filed if the officer violated the plaintiff’s civil rights, which are protected by the Fourth Amendment. In many cases, the suit can be filed in both courts.
Kelner & Kelner Has Been At The Forefront Of Helping New Yorkers Get The Justice And Compensation They Deserve
$3.82 million settlement — civil rights/wrongful death: A Rikers Island inmate was unconstitutionally denied medical care, which resulted in his wrongful death. The settlement was reached in United States Federal Court, Southern District.
Set Up A Free Consultation Today. No Fee Unless We Are Successful.
If you believe that a loved one died as a result of the police’s wrongdoing, you can turn to the experienced trial attorneys at Kelner & Kelner for the help you need.
We have the resources to investigate your case and to help determine if there is liability. We know what it takes to maximize the compensation you deserve and to seek justice for your loved one’s wrongful death.
Contact us today at 212-425-0700 or contact us online. Your initial confidential consultation is free, and because we work on a contingency fee basis, we do not get paid unless we are successful in your claim.
We represent clients throughout New York City’s five boroughs, Nassau County and Westchester County and across New York state.