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Supreme Court Set Standard for the Use of Police Force. Graham v. Connor, 490 U.S. 386 (1989)
by Stephen Bilkis
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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)
by Stephen Bilkis
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Search warrant used was invalid due to insufficient probable cause. People v. Bigelow, 66 N.Y.2d 417 (1986)
by Stephen Bilkis
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Use of deadly force to apprehend a fleeing suspect is generallly unconstitutional. Graham v. Connor, 490 U.S. 386 (1989)
by Stephen Bilkis
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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)
by Stephen Bilkis
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Supreme Court determined that search of defendant’s apartment was constitutionally valid. Hill v. California, 401 U.S. 797 (1971)
by Stephen Bilkis
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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)
by Stephen Bilkis
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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)
by Stephen Bilkis
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Did A Police Officer Use Excessive Force During an Encounter with a Truck Driver on the Long Island Expressway?
by Stephen Bilkis
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In a personal injury case, because there was a factual conflict, res ipsa loquitur did not apply. Morejon v. Rais Construction Company, 818 N.Y.S.2d 792 (2006)
by Stephen Bilkis
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Appellate Division found jury award for medical expenses to be excessive. Reinoso v. N.Y.C. Transit Auth., No. 2022-02242 (N.Y. App. Div. Apr. 5, 2022)
by Stephen Bilkis
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Appellate Division set aside future pain and suffering award as it was based on too short of a life expectancy. Abreu-DePena v. Weber, 2021 N.Y. Slip Op. 224 (N.Y. App. Div. 2021)
by Stephen Bilkis
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Court of Appeals concluded that plaintiff mother could not seek damages for emotional distress for injuries to her baby. Sheppard-Mobley ex re. Mobley v. King, 4. N.Y.3d 627 (2005)
by Stephen Bilkis
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Court of Appeals concluded that time-barred medical malpractice claim could be revived based on equitable estoppel. Pahlad v. Brustman, MD, 4. N.Y.3d 627 (2005)
by Stephen Bilkis
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Appellate Court rejected claim based on employment-related accidental death. Smith v Park, 2020 NY Slip Op 03583 (3d Dept. June 25, 2020)
by Stephen Bilkis
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Court rejects New York State’s “storm in progress” defense. Tucker v. N.Y.C. Transp. Auth., 2020 N.Y. Slip Op. 30115 (N.Y. Sup. Ct. 2020)
by Stephen Bilkis
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Court upholds medical malpractice award in a case involving an injury during delivery of baby. Cinthya ARCOS v. Yehuda BAR–ZVI, 185 A.D.Sd 882 (2020)
by Stephen Bilkis
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Court upholds medical malpractice in a case involving a baby with brain damage. Young v. Heller (N.Y. Sup. Ct. 2022)
by Stephen Bilkis
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Appellate court denies summary judgement in a “storm in progress” case. Powell v. MLG Hillside Associates, L.P., 290 A.D.2d 345, 737 N.Y.S.2d 27 (N.Y. App. Div. 2002)
by Stephen Bilkis
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Appellate court rejects New York State’s “storm in progress” defense. Scheuer v. State of New (2021 NY Slip Op 05906)
by Stephen Bilkis
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