Kyam Livingston's Family Files Notice Of Claim Against The City Of New York, NYPD & Others

Alexander Livingston, son of Kyam Livingston, has officially filed a notice of claim over the death of his mother, Stratford Road neighbor Kyam Livingston, in police custody last week. The document is a prerequisite to a personal injury and wrongful death lawsuit.

The claim against the City of New York, New York City Police Department, New York City Department of Corrections, and New York City Health & Hospitals Corporation names Alexander both as Kyam’s son and as the Administrator of the Estate, and gives more insight into the events that lead up to Kyam’s death last Sunday morning.

According to the document, Kyam had been drinking at a “social function” away from her grandmother Theresa Johnson’s house before returning home at approximately 1am in the morning on Saturday, July 20. Upon Kyam’s arrival home, she and Theresa got into an argument over a remote control.

Theresa called the police to report a violation of the exact order of protection she had taken out against Kyam, which barred Kyam from loud arguments and drinking alcohol in their home (though, again, Kyam had been drinking away from the home). The claim says two tables in the home that had been cited as evidence of a “violent outburst” were already broken. Claiming they smelled alcohol on Kyam, who had just showered, police ordered her to come with them.

Kyam was subsequently transported against her will to Kings County Hospital at about 1:30am, and was given toxicology tests and “other medical monitoring, testing, care, and treatment.” Hospital staff discharged Kyam at about 9am Saturday morning, although according to the claim, Kyam should not have been discharged in her condition. She was then taken to the 70th Precinct for processing, and transferred to Brooklyn Central Booking at about 10:30am.

Kyam was kept in a cell at Brooklyn Central Booking for approximately 20 hours after her arrival, during which she complained of stomach pains and other discomfort, and officers allegedly ignored her requests for medical attention. According to the document, the events were captured on surveillance tape.

The document says Kyam dying after a sudden seizure or multiple seizures, as claimed by officers involved, is unlikely as she did not suffer from a seizure disorder.

As the Administrator of the Estate, Alexander Livingston is asking $10,000,000 for pain and suffering, wrongful death, false imprisonment, unlawful arrest, malicious prosecution, violation of civil and constitutional rights, medical indifference, negligence, departures from accepted hospital and medical practice, expenses for medical attention and treatment, violations of due process and other statutes “including but not limited to those involving discrimination based upon race,” and emotional and physical distress leading up to her death.

As her son, Alexander is asking $1,000,000 for loss of services, companionship, support of his mother, and other damages.

You can read the Taub Law Firm, P.C.’s full Notice of Claim here.

Kyam Livingston’s funeral will be held this Monday afternoon. Our thoughts are with Alexander and the rest of the family during this difficult time.