N.Y. Civil Rights Law Section 28
Medical attention for persons under arrest

When a person is under arrest or otherwise in the custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person, and obtain assistance and treatment of such needs for such person, which are reasonable and provided in good faith under the circumstances. Any person who has not received such reasonable and good faith attention, assistance or treatment and who, as a result, suffers serious physical injury or significant exacerbation of an injury or condition shall have a cause of action against such officer, representative, and/or entity. In any such civil action, the court, in addition to awarding actual damages and costs, may award reasonable attorneys’ fees to a successful plaintiff. The provisions of this section are in addition to, but shall not supersede, any other rights or remedies available in law or equity. * NB There are 2 § 28’s

Source: Section 28 — Medical attention for persons under arrest, https://www.­nysenate.­gov/legislation/laws/CVR/28 (updated Dec. 18, 2020; accessed Jul. 20, 2024).

Jul. 20, 2024

Last modified:
Dec. 18, 2020

§ 28’s source at nysenate​.gov

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