§ 28 — Medical attention for persons under arrest

New York § 28

• Jurisdiction: New York
• Law CVR: Civil Rights
• Art. 3: Privilege From Arrest

Text

* § 28. Medical attention for persons under arrest. When a person is\nunder arrest or otherwise in the custody of a police officer, peace\nofficer or other law enforcement representative or entity, such officer,\nrepresentative or entity shall have a duty to provide attention to the\nmedical and mental health needs of such person, and obtain assistance\nand treatment of such needs for such person, which are reasonable and\nprovided in good faith under the circumstances. Any person who has not\nreceived such reasonable and good faith attention, assistance or\ntreatment and who, as a result, suffers serious physical injury or\nsignificant exacerbation of an injury or condition shall have a cause of\naction against such officer, representative, and/or entity. In any such\ncivil action, the court, in addition to awarding actual damages and\ncosts, may award reasonable attorneys' fees to a successful plaintiff.\nThe provisions of this section are in addition to, but shall not\nsupersede, any other rights or remedies available in law or equity.\n * NB There are 2 § 28's\n