just want to know where to start

[markdavid]

New York I would like to know where to go to sue NY City police for denying me medical assistance when I was lock up over night. I had very strong chest pain and told the officer. He said it was anxiety and just passed it off. I think I passed out cause thats the last thing I remember before waking up on the floor. If I do have a case where do I go to file?

[tranquility]

What are your damages?

[markdavid]

Originally Posted by tranquility

What are your damages?

when your rights are violated do you realy need to have any damages?

[enjay]

Originally Posted by markdavid

when your rights are violated do you realy need to have any damages?

You have no idea if your rights were violated. You aren't even sure that you passed out, and if you did you have no idea why. I'm assuming you saw your doctor, right?

[markdavid]

Originally Posted by enjay

You have no idea if your rights were violated. You aren't even sure that you passed out, and if you did you have no idea why. I'm assuming you saw your doctor, right?

I was locked up and ask them to call ems. the main thing is I needed a doctor and was denied. I know that much. and I don't normaly go to sleep on a roach infested pissy floor when there is a bench right next to me Ah

[CdwJava]

Originally Posted by markdavid

I was locked up and ask them to call ems. the main thing is I needed a doctor and was denied. I know that much. and I don't normaly go to sleep on a roach infested pissy floor when there is a bench right next to me Ah

Once again, have you seen a doctor since then? How do you KNOW you needed a doctor at that time? There could have been other reasons you passed out ... alcohol, drugs, fatigue, etc.

All because you request EMS does not mean that you needed a doctor. You will have to show that medical aid was needed and that you were knowingly and intentionally denied such aid.

- Carl

[tranquility]

markdavid wrote:
when your rights are violated do you realy need to have any damages?

For filing a lawsuit for violation of your federal constitutional rights, yes. The statute is 42 U.S.C. 1983 and case law is clear on the matter. Also, the level of damages will influence whether an attorney will take your case. There may be a specific NY statute for state rights violations which gives a number (minimum damages) for the violation. CA has such a statute, but proving the elements can be hard.

As enjay said, merely asking for medical attention and not receiving it is not necessarily a civil rights or other tortious violation. If your damages are small, the best advice may be to sit down, cuss at the government and then go about your life. Don't get me wrong, I hear your pain. It's just that the system may be stacked against you--even if there is a violation.

[markdavid]

Originally Posted by CdwJava

Once again, have you seen a doctor since then? How do you KNOW you needed a doctor at that time? There could have been other reasons you passed out ... alcohol, drugs, fatigue, etc.

All because you request EMS does not mean that you needed a doctor. You will have to show that medical aid was needed and that you were knowingly and intentionally denied such aid.

- Carl

I was not on drugs or alcohol. I could not breathe and my chest was tight. I told the officer my symptoms. I did not go see a doctor then or since then. I know it might have been anxiety but the question is did the officer have the right to deny me the medical assistance. I had several witnesses that heard me ask for them to call ems. I could of passed out for a lot of resons but the main thing is I ask for medical help and I'm sure the officer was not qualified to make a medical assessment. I know I might not win a case but that wont stop me from trying. so if someone can just tell me what to do and where to go I would highly appreciate it. I just want it on record.

[You Are Guilty]

Originally Posted by markdavid

I was not on drugs or alcohol. I could not breathe and my chest was tight. I told the officer my symptoms. I did not go see a doctor then or since then. I know it might have been anxiety but the question is did the officer have the right to deny me the medical assistance. I had several witnesses that heard me ask for them to call ems. I could of passed out for a lot of resons but the main thing is I ask for medical help and I'm sure the officer was not qualified to make a medical assessment. I know I might not win a case but that wont stop me from trying. so if someone can just tell me what to do and where to go I would highly appreciate it. I just want it on record.

[url]http://www.nysd.uscourts.gov/[/url]
And specifically,
[url]http://www.nysd.uscourts.gov/forms.htm#Misc[/url].

[CdwJava]

Originally Posted by markdavid

I was not on drugs or alcohol. I could not breathe and my chest was tight. I told the officer my symptoms. I did not go see a doctor then or since then. I know it might have been anxiety but the question is did the officer have the right to deny me the medical assistance. I had several witnesses that heard me ask for them to call ems. I could of passed out for a lot of resons but the main thing is I ask for medical help and I'm sure the officer was not qualified to make a medical assessment. I know I might not win a case but that wont stop me from trying. so if someone can just tell me what to do and where to go I would highly appreciate it. I just want it on record.

You do not have a right to medical service on demand.

Unless you are able to articulate some damage or dangerous condition that resulted from the officers' failure to contact EMS, your suit will be waste of time and money. But, if you have the money, knock yourself out.

- Carl

[gawm]

Originally Posted by markdavid

I was locked up and ask them to call ems. the main thing is I needed a doctor and was denied. I know that much. and I don't normaly go to sleep on a roach infested pissy floor when there is a bench right next to me Ah

Maybe Big Bubba slipped you a roofie!

[AHA]

There are no damages so there is nothing that you should be reimbursed for. If you though you had a serious health problem, you would have seen a doctor as soon as you got out of jail.

Just get a job!!