NEW YORK (Legal Newsline) - A New York City attorney is facing a civil lawsuit that alleges he botched a case representing an inmate who was assaulted at the Manhattan Detention Center, according to documents filed in the Supreme Court of the State of New York.
Plaintiff Brandon Kiehm was incarcerated at the detention center when he reportedly experienced two separate assaults, one in December 2016 and one in February 2017. Kiehm hired Matthew B. Waller, a New York licensed attorney, to represent him for his personal injury claims, says a Jan. 18 complaint.
Waller filed two Summons and Complaints for the City of New York and the New York City Department of Correction for the case in February of 2018, after which the attorney had 120 days to serve the claims.
Kiehm says that Waller failed to do so before the expiration of the 120 days, and did not seek the court's permission to effectuate a late service of the Summons and Complaints either.
The plaintiff chose to switch his representation to David J. Hernandez and Associates in September 2019. Kiehm is seeking judgement against Waller for his economic losses and other damages from the negligence, and is also using Hernandez for this lawsuit.