The police are facing yet another wrongful death lawsuit in New York City. In July of this year, a 37-year old mother died while in NYPD custody after-her family says-the police refused her medical assistance for at least seven hours. Kyam Livingston was taken into custody by NYPD for violating a specialized order of protection her grandmother had previously filed against her. The two women had gotten into a verbal argument and police were called. When they arrived, Livingston, who had been consuming alcohol, was taken to a holding cell after being escorted to a hospital to “treat” her intoxication.
She was trapped in the holding cell for twenty hours, complaining of illness for much of that. An eye witness who was in the cell with Livingston said she repeatedly complained to guards of stomach cramps and diarrhea but guards refused her requests for medical attention. Eventually she began to suffer what appeared to be seizures and only then did the NYPD officers in charge of the holding cell call for EMTs. They arrived at 6:40 AM and 18 minutes later Ms. Livingston was declared dead.
This New York City wrongful death lawsuit isn’t about what actually caused Livingston’s death. The coroner’s report lists the cause of death as “natural causes,” an alcoholic seizure resulting from chronic alcoholism, and the family isn’t disputing that. Livingston’s family is suing because of the reportedly outrageous behavior of the officers. Surviving family members, led by Livingston’s mother, said in paperwork filed with a Brooklyn court that the NYPD “let her beg for seven hours” before she died right before their eyes.
This lawsuit is based on the inaction of the NYPD. The family maintains that had officers, who were charged with caring for Ms. Livingston while she was in police custody, acted as they should have (calling an ambulance much sooner) Ms. Livingston may very well be alive today.
If you have a loved one who has passed under similar circumstances, a New York City wrongful death attorney can help you recover financial damages for the deceased family. Call the Law Offices of Nussin S. Fogel for a free consultation at or 212-385-1122 to learn your rights.