ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

June 30, 2020

A police officer forfeited his qualified immunity by using excessive force against an individual who posed no threat to the officer or to others

A complaint brought pursuant to 42 U.S.C. §1983 alleged that a number of New York City police officers [Defendants] used excessive force against Plaintiff in the course of his being arrested. The jury found that only one officer, Officer A, used excessive force against the Plaintiff when Officer A used "two taser cycles" against him.*

The federal district court granted Officer A's motion claiming qualified immunity** and dismissed Plaintiff's complaint "as a matter of law." Plaintiff appealed the ruling to the U.S. Circuit Court of Appeals, Second Circuit.

The Circuit Court reversed the lower court's decision, explaining that the evidence before the jury allowed it to reasonably conclude that Plaintiff was no longer resisting arrest and was not a safety threat to the officers, or others, at the time of Officer A used the taser against him a second time.

Citing Garcia v. Dutchess County, 43 F. Supp. 3d 281, in which the federal district court in that action concluded that “[i]t was . . . clearly established law in the Second Circuit as of April 2000 that it was a Fourth Amendment violation to use ‘significant’ force against arrestees who no longer actively resisted arrest or posed a threat to officer safety," the Circuit Court vacated the district court’s judgment and remanded the matter "for proceedings consistent with this opinion."

* The jury found that the other officers present during Plaintiff's arrest were not liable. 

** Jones v Muniz, posted on the Internet at https://casetext.com/case/jones-v-muniz

The Second Circuit Court's decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com