Judge narrows detainee's lawsuit after BET Awards night stabbing at Brooklyn jail

"Livingston says he was stabbed in the neck and right hand, leaving him in excruciating pain. He used towels to try to stop the bleeding and ran to the officers, telling them he had been stabbed and needed immediate medical attention. Instead, he alleges, they told him to return to his cell and wait. For the next 18 hours, Livingston says, he screamed in pain but received no medical care."

"Only when he met with his attorney the following afternoon did staff respond, taking him to a hospital where he received 18 stitches in his neck, seven stitches in his hand, antibiotics, and x-rays. He was kept overnight before being returned to the jail, where he was placed in solitary confinement for a month without his family or attorney being informed."

"Livingston sued the United States under the Federal Tort Claims Act for negligence and the officers under Bivens for violating his Fifth Amendment rights. The court had previously allowed the negligence claim to proceed. But on Monday, U.S. District Judge Brian Cogan dismissed the Bivens claim, ruling that Supreme Court precedent bars extending such constitutional actions into new contexts. Judge Cogan emphasized that the Supreme Court has repeatedly limited Bivens remedies since Carlson v. Green (1980), which permitted a constitutiona"

Nigel Livingston, a federal pretrial detainee, was stabbed June 26, 2022, after leaving his cell to watch the BET Awards at the Brooklyn Metropolitan Detention Center. Two inmates ambushed him with sharp objects, stabbing his neck and right hand. He sought immediate help, but officers allegedly told him to return to his cell, leaving him to scream in pain for 18 hours without medical care. The following afternoon staff transported him to a hospital for stitches, antibiotics, and x-rays. Livingston sued under the Federal Tort Claims Act for negligence and filed a Bivens claim; the court dismissed the Bivens claim per Supreme Court precedent while allowing the negligence claim to proceed.

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