Student Arrested by Mistake

[CaliforniaEagle]

My question involves criminal law for the state of: New York

Just curious to know if the student mentioned in this news item will be able to win the case. I believe the local governments are immune to law suits

http://www.timesnow.tv/articleshow/m...,prtpage-1.cms
http://forum.santabanta.com/showthread.htm?p=4893092

Should'nt she sued the School instead of City. I can't imagine NY Police did not allow this student to use restroom for 24 hours

[free9man]

They will most likely settle to make it go away. She had a toilet available but apparently the little princess was demanding a real bathroom. When you are in a holding cell, you use the toilet provided. It isn't private but it's all you're likely to get.

It is also possible, that depending on the level of diplomatic protection extended to her father, that she was not covered by it. Not all DI is equal.

But as the old saying goes, there are 3 sides to every story. Hers, theirs and the truth. We only know one.

[BOR]

My question involves criminal law for the state of: New York

Just curious to know if the student mentioned in this news item will be able to win the case. I believe the local governments are immune to law suits.

If they are immune, you can bet an attorney would not have wasted time filing suit. This type of suit concerns immunity from liability, not immunity from suit. Police enjoy qualified immunity, if they were named as defendant's. That burden is hard to overcome, but a false arrest, should be fairly easy to prove. Municipalities are not immune from damages in a false arrest suit charging a violation the 4th AM.

A political subdivision may enjoy immunity when certain functions are acted upon, proprietary or governmental, forget the difference in my mind while I am tying this.

For example, if a fire truck is speeding to a fire, and they strike a pedestrian, unless negligence can be shown, the political subdivision is immune from liability.

Should'nt she sued the School instead of City. I can't imagine NY Police did not allow this student to use restroom for 24 hours

An Attorney can sue anyone they believe is liable in Tort. If the school was not sued here, that Attorney may feel no Cause of Action exisits against them.

[jk]

I think there are a LOT of facts missing from those sites.

I can't imagine NY Police did not allow this student to use restroom for 24 hours

I can't either and there is nothing to suggest that was the case. The only statement made concerning a toilet was this:

Biswas alleged that she was not allowed to use the bathroom for a long-time when she was in custody at the 107th precinct. "Eventually, I had to go in front of everyone," Biswas told PTI, referring to a small toilet that was in the cell occupied by other persons.

sounds like a princess that refused to use the common toilet. Yes, it is not private but if you refuse to use it, it isn't the jail preventing you from using the toilet. It is a self inflicted injury.


you also need to notice the obvious lack of facts regarding the principals decision. I suspect the police saw enough evidence to believe it was the girl as well or she would not likely have been arrested for such a non-violent crime.

If you notice, her attorney is a bit of a sensationalist and is using anything available to make this an issue in the press.

Her lawyer Ravi Batra said that her more than 24-hour arrest on February 8 was a violation of international law, federal law as well as state and city law

I would like to see his argument supporting that.

Biswas said, adding that the school did not suspend or arrest the Chinese student who actually sent the emails.

(emphasis mine) Obviously this was because the arrestee was Indian and for some reason, the Chinese kid is receiving special treatment because s/he is Chinese.

Ravi Batra, the lawyer, also mentioned that the investigating officers failed to read Biswas her rights.

Of course we all know that a cop failing to read you your rights is a get out of jail free card Last I knew, a failure to be read you your rights was a basis for suppressing evidence, nothing more.


Those two articles are obviously slanted to make the girl sound like the an oppressed foreign angel. I would like to see some real facts before condemning the actions of the police.

here is a link with a short interview of the girl. Apparently when she was arrested, she tried to claim diplomatic immunity rather than going "no, I'm innocent". That seems to be a bigger issue to her than guilt of innocence.

http://www.youtube.com/watch?v=v-INk8o3n6k

here is another article. Notice the threats of putting on very tight handcuffs and other such rhetoric used to garner sympathy.

http://www.punjabiportal.com/article...rittika-biswas
a quote from her attorney:

Batra suggested that Mayor Michael Bloomberg give Biswas "a key to the city" to "unruffle some of the ruffled feathers."

here is an interview of the girl

http://www.timesnow.tv/18-year-old-t...ow/4374223.cms
once she was arrested, she was taken to the 107th precinct for 4 hours. She was then taken to central booking where she was put in a cell. She was allowed to use the toilet in that cell. Her complaint is it was not private so, the suggestion she was not allowed to use the toilet is erroneous and intentionally inflammatory.


and take notice, she was tracked by her IP address. Apparently little sweetie does not understand IP addresses. She seems to think her building was targeted because of a lot of students of that school live there rather than something like, oh, maybe that her IP address shows a direct link to that building, and maybe a bit closer than that even?

[CaliforniaEagle]

//Obviously this was because the arrestee was Indian and for some reason, the Chinese kid is receiving special treatment because s/he is Chinese// LOL
//Apparently when she was arrested, she tried to claim diplomatic immunity rather than going "no, I'm innocent". That seems to be a bigger issue to her than guilt of innocence//
Everybody knows "I am innocent" argument will not stop the arrest irrespective of the truth. So she might have gone with Diplomatic immunity. Cannot understand "the water fountain with vomit" part
If they had tracked based on IP, then where did the Chinese student came from? - Not clear.
I was telling my friends that the case has been handled the way any other case of this nature would have been handled. I do not see any racial issue. In this country the words of person who runs to the Police first will be believed and the same has happened here.

[jk]

In this country the words of person who runs to the Police first will be believed and the same has happened here.

not true at all. An arrest must be predicated on probable cause. The police had to believe there was PC for them to arrest her.

As to tracking an IP address; I don't know who tracked it. Unless the entire apartment was served by one router, the IP addresses can be tracked to a much more specific location than what the plaintiff and attorney argue (the building). There isn't enough information out there to determine the situation with the IP addresses. As well, with the IP address and time, it can be determined what user identification was the originator of the emails. I suspect that might be in the future if this suit is allowed to progress. If PC can be determined and DI doesn't apply, the rest is moot.

Cannot understand "the water fountain with vomit" part

apparently the water fountain available to the girl at central holding had been vomited on by some other person.

Everybody knows "I am innocent" argument will not stop the arrest irrespective of the truth. So she might have gone with Diplomatic immunity.

apparently that didn't work either. I don't know if DI applied to her or not. If it did, somebody that advised the police screwed up.

here is a link to the actual court filing

[CaliforniaEagle]

jk, Thanks for your explanation.

What I understand is, this case is getting importance in media only because the person arrested is daughter of Vice Consulate General. Otherwise this will be just "Another Case".

My only curiosity here is, is there any precedence of NYC loosing these kind of defamation case and paying the money?