Webinar: Constitutional Rights of Arrested Persons and Incarcerated Prisoners as well as Protection Against Injuries Caused by Abusive Misconduct or Deliberate Indifference




Details

January 26, 2021| 5:00PM - 7:00PM

 

2 Skills CLE Credits 

This seminar has been approved for transitional & non-transitional credits.

 

Alan Fuchsberg, Esq.

The Jacob D. Fuchsberg Law Firm, LLP

 

A graduate of NYU School of Law, practicing law for forty years, Mr. Fuchsberg is a senior partner at the Jacob Fuchsberg Law Firm where he has been for most of his career.

He supervises a tort and civil rights litigation and trial practice including medical malpractice, prisoner rights, employment discrimination, Mass Tort, Qui Tam and class actions as well as personal injury.

 

Mr. Fuchsberg organized this program and will serve as moderator. He will also address instances where legal actions have brought about systemic improvements to arrest and imprisonment operations. 

 

Kate Fetrow, Esq.

Neufeld Scheck & Brustin, LLP

 

Kate Fetrow is a Johnnie L. Cochran, Jr. Fellow at Neufeld Scheck & Brustin, LLP, a civil rights law firm that specializes in police misconduct and wrongful conviction cases. While at Stanford Law School, Ms. Fetrow participated in the Supreme Court Litigation Clinic, where she worked on several briefs before the United State Supreme Court, including the merits brief on behalf of the Petitioner in Manuel v. City of Joliet, 137 S.Ct. 911 (2017), in which the Supreme Court held that claims for malicious prosecution can be brought under the Fourth Amendment. She also gained experience on a wide range of civil rights and civil litigation issues by working as a researcher for several professors, leading several student groups focused on issues of social justice, 

 

Ms. Fetrow will discuss the types of claims most commonly brought in wrongful prosecution cases including false arrest, malicious prosecution, supervisory liability, and fabrication of evidence. She will also discuss some of the most common barriers to those claims, including qualified and absolute immunity and the Heck bar.

 

Alexander Goldenberg, Esq.

Cuti Hecker Wang LLP

 

Alex Goldenberg is a graduate of NYU School of Law and partner at Neufeld Scheck & Brustin, LLP. He is an accomplished litigator with a diverse practice, spanning a range of civil rights, commercial, and criminal matters. He has successfully represented individuals who suffered police misconduct and prisoner abuse, employment and housing discrimination, wage and hour violations, and sexual assault. Prior to joining Cuti Hecker Wang LLP in 2011, Mr. Goldenberg worked as a staff attorney at the Equal Justice Initiative in Montgomery, Alabama, as a law clerk for two federal judges, and as a law intern for the Federal Defenders of New York and The Bronx Defenders.

 

Mr. Goldenberg will discuss the litigation of claims for excessive force and false arrest against the police, as well as claims on behalf of inmates who suffer violence or abuse while incarcerated.

 

Anthony Pagan, Esq.

 

Mr. Pagan is a former Correction Officer with the NYC Department of Corrections for 20 years. During that time, he graduated Baruch College (BBA) and thereafter Seton Hall University School of Law (JD). He has been in private law practice since 2005, practicing employment discrimination, and prisoner civil rights as well as matrimonial and real estate law.

 

Mr. Pagan will discuss the correctional facility’s responsibility in circumstances where no investigative action is taken to determine if a prisoner’s claim that they were threatened is justified. Mr. Pagan will focus on the role of the correction officer, based on his extensive professional experience. He will also discuss the interplay of correction and public health laws and the ways in which the correctional staff, administrative staff, and medical staff need to work together cohesively to provide requisite care to inmates in need of medical care.

 

Jaehyun Oh, Esq.

The Jacob D. Fuchsberg Law Firm, LLP

 

Ms. Oh graduated from Harvard Law School in 2018 and joined The Jacob Fuchsberg Law Firm as an associate attorney. While at Harvard Law School, Ms. Oh joined the Civil Rights-Civil Liberties Law Review as an article selection editor. She also worked at the Education Law Clinic, representing the interests of disabled clients who were denied proper special education services. At the Jacob Fuchsberg Law Firm, Ms. Oh has concentrated her practice in representing prisoners severely injured while incarcerated due to deliberate indifference in violation of their constitutional rights as well as medical malpractice and negligence. She has developed a unique knowledge base in interacting with incarcerated clients and obtaining correctional and medical records through Freedom of Information Law requests.

 

Ms. Oh will discuss the types of claims that can be brought in cases involving detainees or inmates who suffer denial of care for their serious medical needs, which constitutes a type of cruel and unusual punishment that is prohibited by the Eighth and Fourteenth Amendments to the Federal Constitution. She will also discuss her experience researching, investigating, and prosecuting these cases and the ways in which to overcome the unique challenges and pitfalls associated with them.

 

 

 

Email togburn@nystla.org regarding Financial Hardship Policy.

 

Credit

This program has been approved for credit in the following jurisdiction(s):

New York State Unified Court System, CLE Board

Credit has been approved with the New York State Unified Court System, CLE Board for 2.00 Skills credits. New York State Trial Lawyers Association is an approved CLE provider with the NY State CLE Board.

Travel/Accommodations

 

 


Cancellation Policy

Cancellation Policy

NYSTLI requires 24 hour prior notice to cancel seminar attendance.
No refunds will be given for later cancellations, or once the seminar begins.