Civil Pending Cases
Civil Rights: A case against the township, police department, officers, and the former police Chief for wrongful arrest and malicious prosecution. BMB Law Firm represents D.E., who was arrested after the police arrived at his house at nearly 4:30 am to question him about the death of his brother. The police killed his dog and over two weeks later charged D.E. with aggravated assault. These charges were dropped on jury verdict bench trial. This civil rights case is currently being pursued against Defendants in state court.
Elements of malicious prosecution for purposes of 42 U.S.C. § 1983:
- The defendant initiated a criminal proceeding;
- The criminal proceeding ended in plaintiff’s favor;
- The proceeding was initiated without probable cause;
- The defendants acted maliciously or for a purpose other than bringing the plaintiff to justice;
- The plaintiff suffered deprivation of liberty consistent with the concept of seizure as a consequence of a legal proceeding
Civil Rights: A case against City of Hackensack, Bergen County, and individual officers as a result of excessive force used against a man of nearly age sixty. BMB Law Firm represents L.C., who was detained for drug violations. He was complying with the officers, but forced to the ground suffering serious injuries resulting in the need of surgery. There exists conflicting testimony of the incident between the officers and L.C.
Generally, excessive force by a law enforcement officer is using force greater than that which a reasonable law enforcement officer would use under the circumstances.
Civil Rights: A case against Jersey City and individual police officers as a result of excessive force and unlawful arrest. BMB Law Firm represents J.B., who was stopped while innocently walking home with his friends at the end of the night. The officers struck him with batons, kicked him, and aggressively pulled his hair, causing him to lose consciousness. To top it off, J.B. was charged with disorderly conduct and aggravated assault without probable cause or any supporting evidence.
BMB Law Firm is gearing up for trial in federal court, striving to obtain justice against officers who abuse their authority.
Civil Rights – Bullying: BMB Law Firm is working on drafting a complaint in federal court against a school district and school board for both constitutional violations and state law violations of negligence and discrimination relative to bullying. We represent H.C. and her minor, R.S., who has been consistently bullied for years. H.C.’s attempts at administrative intervention have failed, which lead her to the filing this lawsuit.
Civil Rights: A case against police and detectives as a result of malicious prosecution. BMB Law Firm represents L.C., who was arrested based on the fact that he wears a full beard. The police had additional evidence suggesting that L.C. was not in fact the suspect they were looking for, but arrested L.C. based solely on unreliable and assumptive information.
Civil Rights: A case against the City of Plainfield and individual officers as a result of malicious prosecution. BMB Law Firm represents A.M., whose apartment was found to be searched unlawfully by the New Jersey Appellate Division. Police searched A.M.’s apartment based on “suspicion” alone. It was only after the Appellate Division suppressed the evidence found within her apartment that the police dropped the charges against A.M.
BMB Law Firm fights for people’s constitutional rights. The fourth amendment protects from the unreasonable search and seizure of property by the government.
Civil Rights: A case against Middlesex County, Piscataway Township, individual police officers, sergeants, lieutenants, and nurses for negligence resulting in the wrongful death of a prison inmate, D.Y. BMB Law Firm represents the estate of D.Y., in pursuing this civil rights action. D.Y. was diagnosed with serious mental illnesses, such as schizophrenia, bipolar disorder, and depression. In custody, D.Y. was placed in an inmate restraint chair, naked, with a spit hood on his head because he was attempting to clog his cell toilet. After approximately nine hours of being restrained in the chair, D.Y. was found dead.
There are four key elements for a wrongful death cause of action:
- The party owed a duty of care to the deceased victim;
- The party failed to uphold that duty of care;
- The failure resulted in the injuries that caused death of victim;
- The death resulted in losses.
Personal Injury & Torts
Personal Injury: A case against an individual for negligently operating his motor vehicle. BMB Law Firm represents M.N. who was attempting to cross the street by walking across a marked crosswalk, and was struck by the defendant’s car making a sharp turn. M.N. suffered serious injuries and can no longer fully extend her arm as a result of the accident.
Tort Liability: A case against a restaurant and management for battery and assault of B.B. BMB Law Firm represents B.B., who was brutally assaulted by restaurant staff after an altercation about the bill.
Insurance companies cannot be liable for the intentional torts of their insured. However, businesses can be held liable for negligent security, which holds property owners liable for any damages or injuries held on their property due to a lack of reasonable security.
Tort: A premises liability case against a bar and the owner as a result of negligence and wrongful death of a patron, I.B. BMB Law Firm represents the estate of I.B., suing the facility for failure to keep the premises safe, knowing that the bar has as history of violent criminal activity. The shooter is not yet identified.
Negligence is generally defined as failure to use reasonable care proximately causing damage or injury to another.
Sexual Harassment: A discrimination case against bagel shop employers for sexually harassing T.T., a former employee of the shop. She experienced constant unwanted sexual gestures, comments, and extreme sexual touching. Even further, the employers threatened T.T.’s job security to engage in sexual relations.
Sexual Harassment: A discrimination case against Snuffy’s Steakhouse restaurant and its employees. BMB Law Firm represents S.A., who suffered unwanted sexual advances and inappropriate comments throughout her employment at the popular Scotch Plains restaurant.
BMB Law Firm has joined the #metoo movement, in standing up to sexual harassment and hostile work environments: