Articles Posted in civil appeals

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Increasingly, New York City is settling civil rights claims for sizable amounts before those harmed even formally file a lawsuit.
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There was the recent case of a former U.S. Marine who suffered mental illness and died in an overheated jail cell. His family was given $2.25 million in compensation. Then there were three half-brothers, convicted of a murder it was later proven they didn’t commit. They received $17 million. In another case, a man who served 23 years in prison before he was proven innocent received $6.5 million.

It’s never been unusual for individuals and families who have suffered profound losses as a result of civil rights violations by local, state and federal government employees to receive ample compensation. It’s not even all that unusual for both sides to reach a settlement prior to a case reaching the trial phase. What is unique is the fact those wronged never even had to file a lawsuit.
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Alfred Osterweil, a retired attorney and former U.S. Army serviceman, wanted a permit to carry a pistol in New York.
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He applied for one back in 2008 in Albany, but was denied on the grounds that his residency here was only part-time, and state law did not allow issuance of permits to those who are not full-time residents. Osterweil filed a civil lawsuit the following year.

The case has been winding its way through the New York civil appeals process, and now it is set to be heard by the state’s highest court.
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