Civil Rights Court Cases

Hill v. County of Montgomery, New York: Case No. 9:14-cv-00933 (N.D.N.Y). Migliaccio & Rathod LLP represents individuals placed into custody of Montgomery County Jail who have been denied adequate food and nutrition. Plaintiffs have suffered symptoms of malnutrition and scurvy, including severe weight loss, hair loss, skin rashes and other debilitating symptoms. Among many violations, this treatment goes against the Eighth Amendment, which protects citizens from cruel and unusual punishments. This case has been settled, but is pending court approval. Visit our blog for more information, here.

McDonald v. Franklin County, Ohio: Case No. 2:13-cv-503 (S.D.Ohio.). Along with co-counsel, Migliaccio & Rathod LLP represents a class of female inmates that underwent unconstitutional documentation of tattoos in their private areas. These women were admitted for failure to pay fines, city code violations, traffic infractions, and other minor crimes. The constitution demands that the need for a search and seizure be balanced against the invasion of one’s personal liberties. Given the minor violations these individuals were detained for, Migliaccio & Rathod LLP asserts Franklin County violated their Fourth Amendment rights, which protect citizens against such unreasonable searches and seizures – such as unreasonable photographic documentation, in this case.

Smith-Journigan et al. v. Franklin County, Ohio: Case No. 2:18-cv-00328 (S.D.Ohio). Migliaccio & Rathod LLP and co-counsel have brought a class action against Franklin County for denying pre-arraignment misdemeanor detainees an opportunity to post bail before being subjected to the indignities of a strip search and being unnecessarily incarcerated for several hours. Migliaccio & Rathod LLP maintains Franklin County has violated the due process rights, as safeguarded by the U.S. Constitution, of tens of thousands of individuals who were presumptively entitled to the right to post bail.

Russo v. Allegheny County, New York: Case No. 2:2018cv00097 (W.D.Pa.). Co-counsel and Migliaccio & Rathod LLP have brought a case against Allegheny County, New York for violating detainees’ constitutional right to privacy. Specifically, during the booking process at the Allegheny County Jail, detainees are forced to detail their medical history and medical conditions while being placed in the same room as other detainees.  Under the Fourteenth Amendment’s protections of privacy, a citizen has the right to avoid disclosure of his or her personal matters, including the disclosure of medical records and health conditions. Therefore, Migliaccio & Rathod LLP contends Allegheny County has violated thousands of detainees’ constitutional right to privacy by requiring them to detail protected health information while being within earshot of other detainees.

*Prior results do not guarantee a similar outcome

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