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. It addressed a critical need to strike a balance between…
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 itself.” Res ipsa loquitur allows a plaintiff to establish a…
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, and expectations of privacy. The Fourth Amendment of the U.S.…
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. The cases often involve unarmed individuals, and unfortunately, some have…
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 and brutality, establishing a framework for holding law enforcement accountable…
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 or things to be seized. This constitutional provision is crucial…
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 or evident cause. The plaintiffs, a group of individuals, asserted…
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 misconduct by the Suffolk County Police Department, initiating a legal…
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 false arrest, malicious prosecution, and claims of excessive force during…
Res ipsa loquitur is a Latin phrase, which means “the thing speaks for itself.” In order to prevail in a personal injury case, the plaintiff must show that the defendant’s negligent or wrongful actions cause the plaintiff’s injury. Ideally, the plaintiff would have access to direct evidence such as eyewitness…