LUIBRAND LAW FIRM, PLLC.
Attorneys at Law

Attorneys at Law





 

malicious prosecution

   The U.S. and New York State Constitutions guarantee rights to all citizens. When those rights are violated through act or intimidation by government officials, this is considered a civil rights violation and the law allows a claim to be made against the government. Among our civil rights are freedom from false arrest or false prosecution. Our civil rights include due process in any court, equal non discriminating protection under any laws, and liberty. In practical terms, government employees are forbidden from using their power to intentionally prosecute a person for whom there is not probable cause to believe that they comitted a crime. The law applies to all government, including towns, villages, cities, counties, states, the federal government and all agencies, departments and employees of each. 

   Most lawyers never handle a malicious prosecution case. Kevin Luibrand has represented individuals and businesses in over 15 cases involving malicious prosecution and false arrest.  He has obtained verdicts and settlements for clients that have benefited many, and changed how government conducts itself. One regional newspaper described him as "a lawyer who sets records in the courtroom" and another calls him "the most high profile civil rights attorney in the region". Kevin Luibrand has instructed other lawyers on the art of presenting civil rights cases inclusing malicious prosecution, and lawyers across the state refer civil rights cases to him or ask his views on particular facts
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Noteworthy malicious prosecution verdicts or settlements(prior results do not guarantee a similar outcome):

$3,635,000 verdict for malicious prosecution for false criminal and charges lodged against a businessman. The court reduced the amount of the award after trial.

$1,750,000 verdict for malicious prosecution and use of excessive force against a woman. An appeals court reduced the amount of the award on appeal. 

$245,000 combined settlement and trial on behalf of an investigator maliciously prosecuted and subjected to excessive force by a police officer and a citizen.

$105,000 verdict for two people illegally strip searched.

$300,000 for a minister and his family wrongly accused by social services of abuse.