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Illegal detention of injured witness in NY

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7

7briggs

Junior Member
who requested immediate med. assistance due to severe pain from sustained injuries but instead was held by cops against his will without any probable cause/reasonable suspicion for over an hour before taking him to hospital in process of perpetrator's arrest. On SJM the judge arbitrarily dismissed that claim stating that plaintiff was simply a witness to the crime, the officers did not handcuff him or indicate any intent to arrest or detain him and that the delay proximately caused no exacerbation of plaintiff's med. condition.
Any practical comments for re-argument/reconsideration? Thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


justalayman

justalayman

Senior Member
Any practical comments for re-argument/reconsideration?
Click to expand...
re-argument or reconsideration of what? Obviously you have left out a great deal of the story. Was he suing the police?

What was the cause of the injuries? How was he transported? If ambulance, was the ambulance on site when they were restraining him?

What was the nature of his injuries?

How did the police happen to be involved with this person?
 
Last edited:
Zigner

Zigner

Senior Member, Non-Attorney
7briggs said:
who requested immediate med. assistance due to severe pain from sustained injuries but instead was held by cops against his will without any probable cause/reasonable suspicion for over an hour before taking him to hospital in process of perpetrator's arrest. On SJM the judge arbitrarily dismissed that claim stating that plaintiff was simply a witness to the crime, the officers did not handcuff him or indicate any intent to arrest or detain him and that the delay proximately caused no exacerbation of plaintiff's med. condition.
Any practical comments for re-argument/reconsideration? Thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Click to expand...
Nope, no practical comments, since there is no case to be had!
 
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