Federal suit filed for wrongful death of Brooklyn woman

October 21, 2013 By Charisma L. Miller, Esq. Brooklyn Daily Eagle
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Lawyers for the family of Kyam Livingston have filed suit in Brooklyn federal court accusing New York City and the New York City Police Department for causing and contributing to Livingston’s wrongful death.

As previously reported by the Brooklyn Daily Eagle, Livingston was arrested early Saturday morning on July 20 and sent to Brooklyn Central Booking at 120 Schermerhorn St. to await arraignment. It is alleged that Livingston, feeling ill, called out repeatedly for medical attention, but her pleas were ignored.

In a room “filled with feces and other unsanitary conditions” Livingston “succumb[ed] to her ailments…in full view of [NYPD and City] staff, personnel and other detainees” the notice of claim, field in advance of the formal suit, asserted.

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The family’s legal team notes that a surveillance tape inside central booking captures the entire ordeal. “Demands have been made for the videotape of the holding cell which would document what happened inside of that holding cell,” said, Jay Schwitzman, an attorney close to the family. “To date, the NYPD and NYC have refused to provide that tape to the attorneys or the family despite repeated requests.”

“The case involves a very tragic situation, and the city will review the matter thoroughly,” a spokesperson for the New York City Law Department said at the time of the notice of claim.  

“We are hopeful that through a federal lawsuit, the courts will order the NYPD to turn over the videotape of the holding cell,” Schwitzman said.

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