Nicholas Cammarata Queens: Nicholas Cammarata Died In Police Custody Inside Holding Cell After Queens Car Accident Near Cross Bay Boulevard and Linden Boulevard
QUEENS, NEW YORK (May 3, 2020) – A 58-year-old man identified as Nicholas Cammarata has tragically died in police custody after a possible drug overdose inside of his holding cell.
New York Police Department officials are saying that the accident occurred around 2:00 p.m. as Nicholas Cammarata was driving through Ozone Park. For reasons that remain under investigation the driver lost control of his trail blazer by the corner of Cross Bay Boulevard and Linden Boulevard.
Police officials responded to the scene of the accident and found Nicholas Cammarata unconscious in the drivers seat. He was arrested on suspicion of DUI and taken to the 106th precinct around 7:00 p.m.
Police are saying that the victim fell unconscious in his cell around 9:30 p.m. and paramedics were called. They tried to revive Nicholas Cammarata but he later died.
Police are saying that the victim may have died due to a drug overdose. An investigation remains ongoing at this time.
Liability For Queens In-Custody Deaths
In-custody deaths remain a significant concern both for law enforcement and the general public. According to the Bureau of Labor Statistics 254 people died in police custody between the years 2001 – 2007. Deaths in custody tend to affect minority communities at disproportionate rates. There are a number of contributing factors behind in-custody deaths including:
- Poor police training
- Poor police supervision
- Drug use
- Excessive force
Police officials have a legal responsibility to take care of suspects that are in their control. This includes instances where a suspect becomes seriously ill due to the consumption of drugs. At a minimum, police officials must provide suspects with the adequate medical care that they need to stay alive. When a police department is deliberately indifferent to the medical needs of an inmate they could be held liable through a civil claim.
The family of any victim that dies in custody are protected by a number of laws. For example, they may be able to file a civil claim against a police department if their negligence contributed to a death. Generally speaking, there are four elements of negligence:
- The plaintiff had a legal duty to act in a reasonably safe manner
- The plaintiff breached that legal duty
- The breach was the proximate cause of the accident
- The defendant sustained damages
The family members of a victim that died in police custody may also be able to seek justice through a civil rights claims. Under the Fourth Amendment to the constitution inmates and suspects have a right to due process and equal protection. Unjust in-custody deaths represent a deprivation of those rights. Damages in a civil claim can help cover lost wages, medical bills and loss of love. A wrongful death attorney can examine all of the facts of your case and let you know what your legal rights are. They can also investigate your case free of cost and determine if police officials violated policy with respect to an incident.
Investigating A Queens In Custody Death
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Nicholas Cammarata. According to reports the victim was in policy custody for over 7 hours leading up to his death. Were officers properly monitoring him? Did they fail to see signs early on that he was in distress? There needs to be some accountability for what happened. It is our sincere hope that measures are put in place to help prevent additional incidents like this. No family should ever have to suffer in this way.