Friday, September 3, 2010

Civil Rights Cases; To fund there usually must be physical injury.

How many false arrest, false imprisionment, malicious prosecution cases and 42 U.S.C. 1983 cases are filed against the City of New York each year. Hundresds, if not thousands, I'm sure. Whatever the number, a great many do not involve actual physical injury claims. Yes, there are emotional injury and psychiatric injury claims, but the vast majority of those don't even have medical workup.
The City looks at these cases without physical injury or any real psychological workup "as a dime a dozen", unless someone served "real time" with a conviction later being vacated due to prosecutorial misconduct or DNA evidence.(i.e. see The Central Park Joggers Case).
So when your client who was falsely arrested and held for 12 hours in Central Booking comes to you for funding, be conservative, and don't encourage him. The end result will usually be a denial unless there is something really special about the case.
If you have a question/inquiry please contact me.

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