WDNY — Excessive Force: Rhodes v. Sanford, et al.

U.S. District Court, WDNY 

Excessive Force

Imprecise Recollection

Rhodes v. Sanford, et al.
11-cv-6081P
Judge Payson

Background: The plaintiff initiated an action against the defendants alleging excessive force in effectuating her arrest and that the police department attempted to “cover up” the arresting officer’s use of force. The plaintiff was charged with driving while intoxicated, resisting arrest, consumption and possession of alcohol in a motor vehicle, as well as other violations of the New York State Vehicle and Traffic Law.  The defendants moved for summary judgment.

Ruling: The court found that, despite the plaintiff’s imprecise recollection of the incident, her responses in her deposition testimony and her consistent assertions regarding what happened were sufficient to raise a triable issue of fact.  Specifically, the court also found that the defendant police officer was not entitled to qualified immunity. The District Court, however, dismissed the claims against the police department.

Valerie L. Rhodes, pro se; Leo T. Fabrizi for the defendants