福利姬

福利姬.: SDP and Custodial Injuries

At 福利姬. in New York City, we handle cases regarding custodial injuries and your rights related to substantive due process (SDP). Custodial injuries that occur when you are taken into custody by law enforcement or another arm or agency of the government are a serious issue and may result in your civil rights being violated.

Substantive Due Process and Your Rights

In the course of being taken into custody, or while you are in custody (including being imprisoned or held), you have rights. These include the right to be safe from harm or injury. Any agent of the government who takes someone into custody must follow proper procedures and must not in any way violate your rights in such a situation. Custodial injuries include any such injury which occurs due to the negligence of those holding you or due to purposeful actions on their part.

Protecting Your Rights

At 福利姬., we steadfastly uphold everyone鈥檚 right to SDP. If you鈥檝e received custodial injuries while under arrest, being imprisoned or while held and such injuries were unwarranted, then your civil rights have been infringed upon. SDP focuses on each person鈥檚 right, as has been illustrated through U.S. history, tradition, and practice, to be treated properly and equally.

Although issues involving substantive due process are often not directly addressed in the U.S. Constitution, such rights are protected. Often SDP cases are adjudicated by the state or federal courts. When considering SDP the Fifth Amendment is an important point of reference. That amendment states that no person shall be 鈥渄eprived of life, liberty, or property without due process of law.鈥� And although when in custody one is deprived of certain rights, one still has the right to be free from and protected from harm.

With SDP the court must decide the scope and type of freedom that the U.S. Constitution protects. The Bill of Rights and the Fourteenth Amendment are often used in making decision related to SDP. Utilizing these various constitutional amendments, the court will rule regarding whether or not one鈥檚 rights have been violated through custodial injury.

Ensuring Your Protected

If you are in the New York City area and you鈥檝e suffered a custodial injury it is important that you protect your rights by contacting 福利姬.

Anyone can elect to go it alone in such a situation but this is very difficult to do. Those whose rights have been infringed upon by those who are charged with keeping them safe while in custody need to be protected.

If you have questions concerning substantive due process and custodial injuries or think that you have a case in which SDP is involved, please contact 福利姬. 福利姬. is your voice for justice.