Esmont v. City of New York.

PositionBrief Article

U.S. District Court

SEPARATION

Esmont v. City of New York, 371 F.Supp.2d 202 (E.D.N.Y. 2005). An arrestee filed a [section] 1983 action alleging that city health inspectors and police officers violated her constitutional rights during her arrest and detention for violations of a city nuisance law. The district court granted summary judgment in favor of the defendants. The court held that the officials were not deliberately indifferent to the arrestee's serious medical needs when they did not comply with the arrestee's request for hot tea during an asthma attack, but called emergency medical services instead. The female detainee was handcuffed to a cross bar outside of a holding cell for over 7 hours, with no place to rest her elbow. She was required to use a bathroom that was monitored by a security...

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