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New York · Through 2026-09-11

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

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Where this section sits in the code
  1. Civil Rights Law
  2. Article 3. Privilege From Arrest

* § 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

Collected 2026-09-14T19:32:44Z. Source file · JSON

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