Civil Rights

Sivin, Miller & Roche, LLP delivers justice despite delays due to ongoing pandemic

by Sivin & Miller, LLP Attorneys at Law | Monday Nov 9, 2020 | Blog, Civil Rights, Firm News, Prisoner's Rights

Written by Brendan Gilmartin, Legal Intern at Sivin, Miller & Roche, LLP The ongoing global pandemic and social distancing guidelines have caused trials to be adjourned across the entire United States, but especially so in New York, a state hit hard by the pandemic early in 2020. While the need to abide by social distancing guidelines to save lives and reduce strain on vital healthcare resources is of utmost importance, delaying trials can pose special difficulties for plaintiffs-side trial lawyers who are often reliant on witness memories from many years prior. Nonetheless, the legal...

The problem with mental illness and incarceration

On Behalf of Sivin, Miller & Roche LLP | Wednesday Sep 30, 2020 | Civil Rights

While criminal behavior lacks justification in many people's eyes, mental illness plays a critical role in many crimes in New York. Perpetrators who suffer from ongoing mental trauma and subsequent illness often lack access to needed resources to provide support and healing. Once incarcerated, the issues for mentally ill inmates may only worsen and create a larger problem. Regardless of their prison sentence, inmates have the right to receive help in managing their illness. Dangers of mental illness People suffering from mental illness while incarcerated pose a significant threat to...

Addressing civil rights violations in prisons

On Behalf of Sivin, Miller & Roche LLP | Friday Sep 25, 2020 | Blog, Civil Rights, Prisoner's Rights

New York City and state prisons have been the subject of significant accusations regarding civil rights violations. While they are serving time as a penalty for criminal actions, prisoners deserve human dignity and respect. These are some of the key initiatives of the Prisoners' Rights Project, a nonprofit advocate of humane prison conditions in New York and worldwide. Access to medical care Prisoners have the right to comprehensive mental and physical health care. New state laws passed in recent years ensure that incarcerated individuals who have HIV will receive the care they need to...

Can law enforcement officers search your car without a warrant?

On Behalf of Sivin, Miller & Roche LLP | Wednesday Aug 12, 2020 | Civil Rights

When you come in contact with law enforcement, you maintain certain rights in many situations. Understanding exactly what rights you have in specific places may help you avoid an unnecessarily stressful or harrowing situation. When authorities pull you over in your car, for example, your rights differ to some degree than those you have when they come to your door or stop you at a party or public event. You may be under the impression that a law enforcement official may not search your vehicle unless he or she has a warrant, but is this true? Understanding “probable cause” While authorities...

Police misconduct continues to plague New York City

On Behalf of Sivin, Miller & Roche LLP | Wednesday Jul 1, 2020 | Civil Rights, Police Misconduct

Police brutality and misconduct has become an all too common occurrence across our country, but it is just now getting the attention it deserves. For years, innocent New Yorkers have been subjected to unfair, discriminatory, and hurtful practices that jeopardize their rights. One would think that the magnifying glass that is currently hovering over the issue of police brutality would deter officers from acting in an unjustifiably violent fashion, but this sadly isn't the case. You don't need to look outside of our city for an example. Mere weeks ago, two New York City police officers took...

Chief judge orders racial inequality probe of union leader

On Behalf of Sivin, Miller & Roche LLP | Tuesday Jun 30, 2020 | Civil Rights

The national turmoil sparked by the apparently racist killing of George Floyd by Minneapolis police officers has resulted in a number of inquiries into alleged racism by municipal and police department officials across the country. One such inquiry has erupted inside the New York state court system. An e-mail to Chief Judge Janet DiFiore has caused the Judge to order an investigation into alleged “racial inequality and brutality” against black court officers. According to a report in the New York Post, Judge DiFiore received an e-mail signed by three black police officers accusing James...

NYPD disciplinary records will no longer remain in the dark

On Behalf of Sivin, Miller & Roche LLP | Tuesday Jun 23, 2020 | Civil Rights, Police Misconduct

The New York Police Department will no longer be able to hide records of officer misconduct from the public. The state’s governor recently signed into law a bill repealing 50-a, a decades-old policy that let police departments keep discipline and misconduct records secret. This repeal was effective immediately upon its signing on June 12, 2020, and was brought forward as part of a larger law enforcement reform package. “We know this isn’t a cure,” said one of the state senators behind the repeal bill. “We know that this is the beginning, but it’s a move to bring justice to a system that has...

What are your rights when stopped by the police?

On Behalf of Sivin, Miller & Roche LLP | Friday Jun 19, 2020 | Civil Rights, Police Misconduct

Being stopped by the police can be overwhelming and alarming which is why it is essential for anyone stopped by police officers to be familiar with their rights. By being familiar with their rights, those who have been stopped by police will have the knowledge they need to protect themselves in a difficult situation. Citizens in New York have important protections and rights when encountered by police including: The right not to speak to police officers – when an individual has been stopped by police, they are not required to answer questions the police ask them and in New York are not...

New York State Repeals Civil Rights Law 50-a

by Sivin & Miller, LLP Attorneys at Law | Wednesday Jun 10, 2020 | Civil Rights

On June 9, 2020, New York State lawmakers moved history forward by voting to repeal Sec. 50-a of the New York Civil Rights law, a state law that enabled police departments to withhold officers’ disciplinary records from public view. The vote came in response to the horrific death of George Floyd, a nationwide movement for police reform and accountability, and the general sentiment that systemic change is necessary to redress a systemic problem – namely, the violence perpetrated against minority communities and people of color. The repeal of 50-a was among numerous other calls for change as...

New York law protects police disciplinary records

On Behalf of Sivin, Miller & Roche LLP Attorneys at Law | Tuesday Jun 2, 2020 | Civil Rights, Police Misconduct

Recent events have raised concerns about police discipline all across the country. New York City has seen its share of police misconduct cases, including cases resulting in one or more deaths. A key difference between the Floyd case and analogous New York cases is the fate of the officers’ disciplinary records. In Minnesota, the records are public; in New York, the records are confidential. The key statute is Sec. 50-a of the New York Civil Rights law. This statute says that “all personnel records used to evaluate “performance . . . or promotion” shall be considered to be “confidential and...

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