Legal Question in Disability Law in New York
Disabled Daughter Victim of Police Abuse of Power
When the police arrived after a car accident, I was upset because of the accident and my daughter's illness, cold urticaria(she can go into shock from the cold.) This is medically documented and in fact she wears a medic alert tag and is bussed door to door by the school system. She had to show the policeman her medic alert tag before he would allow her into his car. He would not allow me to stay with her and in fact threatened me with arrest for disorderly conduct because I asked him to test the other driver for alcohol or drugs. More importantly, I wanted my daughter driven the 5 blocks or so to our warm home. Other police cars had arrived. The officer refused, saying he would call an ambulance if I wanted. I did not want further trauma for my 15 yr. old daughter and refused this. She needed warmth,not further trauma. Meanwhile,she was breaking out in hives in the back of his cold police car. Can I sue the police on behalf of my child?
1 Answer from Attorneys
Re: Disabled Daughter Victim of Police Abuse of Power
This must be very difficult for you. The police prevented you from protecting your daughter. They did not behave well.
You can sue the police. However, the fact that the police offered to call an ambulance will make your case difficult. That is a key fact in this case.
This is a tough case. Sometimes the police are jerks.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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