New York Injury Law Blog

A prominent African-American Harvard professor is arrested by a police sergeant in Massachusetts.   The President comments about the arrest, and the nation is riveted by the issue for the following several days.  Truth be told, people are arrested for “disorderly conduct” in every city in the nation , every day of the year.  The single most valuable statement made by the President with respect to this incident is that it offers all of us a “teachable moment”.
For those of us dealing with Police Misconduct on a daily basis, the circumstances of this case are exceedingly familiar.   Several valid points can be made with respect to this type of an arrest:
— Police will often take offense at conduct that they deem disrespectful toward themselves.  Cooperate fully, or suffer the consequences, is a widespread rule among police.
— Depending on the amount of emotion involved, and in the absence of any actual crime being committed, an officer may choose to “have the last laugh” and place the person annoying him under arrest, usually for Disorderly Conduct.  This, at the least, results in handcuffing and a visit to the police station.
—This happens to  whites, blacks and Latinos.  However, it is incontrovertible that vastly more minorities are both stopped and interrogated, leading to many more opportunities for “confrontations” to occur, which in turn leads to many more “Disorderly Conduct” arrests among minorities.
— The history of police-minority relations, especially between police and African Americans, cannot be erased from the collective memory of those who have suffered, and from their descendants who have heard the stories of their forebears’ experiences.   It stands to reason that such collective memory will influence the perceptions concerning police actions.

“The Buffalo police officer was killed in an early morning crash on the I-190. Police say the driver that hit and killed the off-duty officer was drunk. ”

“He was a cop who fought against guns, gangs and drugs as part of his job with the police department’s Mobile Response Unit. But it was an alleged drunk driver that ended Officer Colon’s life.” Reported WKBW.com

Nothing is more tragic when someone who works so hard to protect the lives of those that live in New York than when the life of a New York Civil Servant is cut short.  Drunk Driving Car Accidents in New York claim the lives of many every year and take an unimagineable toll on the families and friends of those lost.

Please keep Officer Colon and his loved ones in your thoughts and prayers.

Too often we forget that police officers are human beings like each one of us.   They have the same emotions and concerns that affect each of us in our daily lives.   The difference is that they often face truly dangerous situations that have potentially deadly consequences.   They have a sense of real fear, as any of us would have, in dangerous situations.

Have you seen the average police officer?   More often than not, and unlike your average firefighter, their physical fitness leaves much to be desired.   In reality, the lack of physical fitness is simply symptomatic of the overall lack of training needed to face potential life threatening situations–situations that threaten BOTH the life of the officer AND the life of their potential target.  New York City police officers may not be United States Marines, but that is little excuse for not being trained on a continuing basis, throughout their careers, to keep them able to face the most dire of situations.

How often do we hear about the shooting of an individual when we say to ourselves “was that shooting really necessary?”   While we certainly do not want police officers to place their own lives in imminent danger of serious physical harm or even death, resort to the use of the police revolver seems too quick, too often.   Perhaps one answer would be equipping officers with tasers.   Better to stun an individual brandishing a knife or other weapon (other than a gun), than to shoot that individual.   Most importantly, train the officers in avoiding the use of the gun other than as a very last resort.   Train officers in methods of protecting themselves so that in a confrontation, they can feel themselves in less physical danger.

More than any other factor, the most serious physical injuries upon individuals occurs when police officers, understandably, feel themselves the most threatened.   It is the obligation of the police department hierarchy to recognize that this is, indeed, a situation that can be severely ameliorated through the institution of intensive, continuous and effective training.

Posted by Injury Attorney Steve Orlow

Part 1 – Keystone Kop Part 2 – Police Arrogance, Rage

Police officers are vested with an enormous amount of power over individuals in society.  This is evidenced by the weapons they carry and the badge that they wear or possess.   For an officer it is sometimes  difficult to understand that the power vested in them by the state is not their’s to wield  however their whim may dictate.  On the other hand, when a police officer makes a routine inquiry, we must all understand that an officer does have the responsibility of maintaining certain order and security within our society and as members of society we should be respectful and responsive.

Problems arise when a real or perceived lack of courtesy on the part of a police officer is interpreted as a demonstration of disrespect toward the individual being approached by that officer.  Or conversely, a word, comment or question by an individual being stopped by the officer is deemed by the officer as insufficiently responsive .  All too often the exchange of just a few words escalates into a major confrontation and the consequences lead to improper actions by the police officer in response to what the police officer views as disrespect  toward himself, personally.   Arrests that, under normal circumstances would not take place, now occur.   All too often, inappropriate physical force is also applied by the police officer.  This is compounded by the fact that what was clearly an unjustified arrest is usually “covered up” by the leveling of false or improper charges.   The “victim” is now incarcerated, may suffer physical injury, and is burdened with facing criminal charges in court.

Part 1 – Keystone Kop Part 3 – Inadequate Training

What is “Police Misconduct”?

How Do We Define What Constitutes “Police Misconduct”?

There are, essentially, three categories of “Police Misconduct”.  What follows is a three part series of each of  these  categories.

Part 1 –  “Keystone Kops” Situation:

This is a situation where, through either carelessness or neglect, officers will perform legitimate  police  functions, but do so in a way that is faulty.

Perhaps the simplest example is where officers enter (or “raid”) the wrong house  or apartment.   We have actually had a case where the police, intending to execute a perfectly legal search warrant for Apartment 1A, mistakenly enter Apartment 2A.   What compounds the error is that  upon entering the “suspect” apartment, the officers perform otherwise proper police procedures upon the occupants.   In this particular instance, the occupants were a husband and wife in their 80’s, who were made to lie on the floor–and had their hands handcuffed behind their backs !!  This, after a dozen or so heavily armed police officers in full armored gear, had just invaded their apartment. When the mistake in the choice of apartment became  known, there was little the police could do to erase the fear, anxiety and sheer terror this elderly couple had experienced.

This couple sought legal assistance and was in a position to be compensated for this terrifying experience.

Part 2 Police Arrogance – Rage Part 3 – Inadequate Training

LEAD   POISONING

While the annual number of children suffering from lead poisoning in New York City continues in the low thousands, the totals have been significantly reduced  over the past decade or so.   This is the direct result of a program of prevention instituted by New York City.

The main causes of childhood lead  poisoning are either peeling lead  paint or lead dust.  Both result from deteriorating lead paint that is then ingested by infants and toddlers crawling on floors or licking fingers after playing with dust covered  toys.

Prolonged exposure to lead  by children can result in severe developmental disabilities that can have serious lifelong effects.   It is extremely important that parents take the measures suggested, to see that this does not occur.

In New York City, all pediatricians are required to test blood levels for lead at  BOTH one and two years old.   If there is any indication at all that there may be a lead  paint problem in the children’s home, then the pediatrician  must also test all children up to age 6.   These tests are extremely important since  most children with elevated blood lead levels show  NO SYMPTOMS  of any sort.   The only way then, to assure  no future injury, is to have the required blood test.

Parents who suspect the presence of lead paint in their home may also call the New York City Department of Health and Mental Hygiene (call 311) and it is very likely an inspector will be sent to inspect the home.  Landlords are  required, even before a family moves into an apartment, to remove all lead paint hazards if it is known that a young child will be among the tenants.  There are penalties, in addition to civil liability in a lawsuit, for failing to do this.

Generally speaking, a blood lead level in a child of 10 or above will be sufficient  to seriously consider a civil lawsuit.  Many other factors affect the determination of whether a lawsuit is appropriate or sustainable.  Experience in bringing lead poisoning lawsuits ought to  be a mandatory prerequisite in choosing an attorney, should the need arise.

Lead Poisoning Fact Sheet

Posted by New York Personal Injury Lawyer Steve Orlow