Daniel Milton of Staten Island Died In Police Custody After Arrest At Staten Island University Hospital North
STATEN ISLAND, NEW YORK (August 20, 2021) – A 22-year-old man from Staten Island identified as Daniel Milton died in police custody after being arrested at the Staten Island University Hospital North.
New York City police officials are saying that the incident first began when the suspect threw himself down a flight of stairs. Daniel Milton was then taken to the hospital in order to receive treatment.
While at the hospital he was alleged to have grabbed a nurse prompting staff to call police. Daniel Milton was arrested and put into custody. There was some sort of altercation while the suspect was arrested.
He was given medication but started having problems breathing shortly after midnight. Around 1 hour later at 1:08 a.m. he died. The medical examiner is still working to determine the cause of death.
Liability In New York City In-Custody Deaths
According to one report from the Bureau of Justice Statistics, 17,358 people died in police custody between 2007 and 2010. Many of these deaths were the result of drug overdoses. Many others were the result of excessive force. When police assume autonomy over a suspect they have a legal obligation to take care of them. This includes providing suspects with medical care. If a suspect is overdosing they should be given immediate treatment. Failure to do so may amount to negligence.
Police officers are allowed to use force to apprehend a suspect, but they may not use excessive force. According to the Cornell Law Dictionary, excessive force occurs when an officer uses force in excess of what they reasonably believe is necessary in a particular situation. Whether or not police used excessive force in a particular situation will depend on a number of factors including:
- The nature of any alleged crime
- The compliance of a suspect
- Whether or not a suspect is already restrained
- The presence of any weapons on the suspect
If a police officer used excessive force or failed to give a suspect proper medical care this could amount to negligence. In that case the police department that the officer worked for could be liable as well. Generally speaking, police departments are responsible for the negligent conduct of their officers. It is extremely important that evidence is properly preserved after any incident. Body camera footage should be sought. Eye witnesses should be interviewed.
The family of any suspect that died in police custody may be able to seek justice through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and funeral expenses. But police departments will fight vigorously to deny any wrongdoing by their officers. It is important that there is a thorough investigation after an incident to determine what went wrong. A wrongful death attorney can examine all of the facts of your case free of cost and let you know what your legal options are.
Investigating A Staten Island In-Custody Death
We at Gersowitz Libo & Korek extend our deepest condolences to the family of Daniel Milton. Any person that may have information about what happened should reach out to investigators. When police arrest someone it is their responsibility to make sure that the suspect is safe. How is it that this man died in their custody? Were the proper protocols being followed? Could this have been prevented? There are a lot of questions that need to be answered. Every life is precious no matter what a suspect is accused of.