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Excessive Force

Sep 16, 2015

Second Circuit – Brown v. City of New York

U.S. Court of Appeals for the Second Circuit Excessive Force Disorderly Conduct Brown v. City of New York 14-2611 Judges Newman, Jacobs and Calabresi Background: The defendant had approached police officers and requested help finding a bathroom. The conversation quickly escalated into a confrontation, an arrest, a struggle, and the use of force and pepper […]

Sep 10, 2015

Second Circuit – Rogoz v. City of Hartford

U.S. Court of Appeals for the Second Circuit Excessive Force Summary Judgment – Light Most Favorable to Non-Movant Rogoz v. City of Hartford 14-0876 Judges Kearse, Parker and Wesley Background: The plaintiff appealed from the grant of summary judgment dismissing his complaint that alleged the use of excessive force by the defendants in the course […]

Apr 27, 2015

Court weighs excessive force against inmates

WASHINGTON (AP) — Amid a growing national debate over police use of force, the U.S. Supreme Court struggled Monday with a related question of claims of excessive force against jail officials by people who are accused but not yet convicted of crimes. The case involves Michael Kingsley, a Wisconsin man who was in jail pending […]

May 29, 2014

Feds: 3 Buffalo cops used excessive force on teens

BUFFALO (AP) — A retired Buffalo police lieutenant and two active officers have been indicted on charges of using excessive force against four teenagers, one of whom was shot with a BB gun after a 2009 arrest, authorities announced Wednesday. Officers Raymond Krug and Joseph Wendel were suspended with pay Tuesday after being accused in […]

Aug 7, 2013

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, [&he[...]

Aug 7, 2013

Second Circuit — Excessive Force: Rasanen v. Brown

U.S. Court of Appeals for the Second Circuit Excessive Force Jury Instructions — Imminent Threat of Death or Serious Physical Injury Rasanen v. Brown 12-680-cv Judges Calabresi, Pooler and Raggi Background: In an underlying action, the plaintiff alleged that a New York State Police trooper used excessive force in violation of the Fourth Amendment when the plaintiff […]

Mar 15, 2013

WDNY — Excessive Force: Ryan v. Moss, et al.

U.S. District Court, WDNY   Excessive Force Mental Hygiene Law — Qualified Immunity Ryan v. Moss, et al. 11-cv-6015P Judge Payson Background: The pro se plaintiff brought an action against a number of Chemung County Sheriff’s Office employees asserting a number of constitutional claims arising from the defendants’ illegal entry into a home and subsequent arrest […]

Apr 22, 2012

Second Circuit — Excessive Force: Terranova v. State of New York

U.S. Court of Appeals for the Second Circuit Excessive Force Deadly Force — Jury Instructions Terranova v. State of New York 09-5025-cv(L) Judges Winter, Lynch and Carney Background: The plaintiff-appellant appealed from a jury verdict finding that the defendants did not use unreasonable force in executing a traffic stop. The plaintiff had brought suit as […]

Nov 29, 2011

Fourth Department — Precluded Evidence: Barnes v. State of New York

Appellate Division, Fourth Department Precluded Evidence Original Copies — Excessive Force Barnes v. State of New York CA 09-01214 Appealed from the Court of Claims Background: The claimant sought damages for injuries he sustained during an altercation with correction officers while he was incarcerated at the Collins Correctional Facility. In addition, the claimant alleged that […]

Dec 2, 2010

False Arrest: Masetta v. Town of Irondequoit

U.S. District Court, Western District of New York False Arrest Excessive Force Masetta v. Town of Irondequoit 06-CV-6143 Judge Telesca Background: The plaintiff, Mary Claire Masetta, brings this action pursuant to 42 U.S.C. §1983 and the Fourth and Fourteenth Amendments alleging that her constitutional rights were violated in connection with her arrest and the arrest […]

Oct 15, 2010

Excessive Force: Tracy v. Freshwater

U.S. Court of Appeals, Second Circuit Excessive Force Post-Restraint Force Tracy v. Freshwater 08-1769-cv Appealed from the Northern District of New York Background: The district court awarded summary judgment to the defendants. Tracy contends on appeal that the district court erred in concluding that he had not raised a genuine issue of material fact as […]

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