The Plaintiffs in this action sought to recover damages based on the alleged use of excessive force by certain officers of a Town's Police Department and other named defendants [Defendants] in the course of certain Defendants' responding to an incident.
Defendants moved for summary judgment dismissing the Plaintiffs' complaint insofar as asserted against them. Supreme Court denied Defendants' motion and the Defendants' appealed the court's ruling.
The Appellate Division affirmed the Supreme Court's ruling. explaining:
1. "'Claims that law enforcement personnel used excessive force in the course of an arrest are analyzed under the Fourth Amendment and its standard of objective reasonableness", citing Combs v City of New York, 130 AD3d 862, quoting Moore v City of New York, 68 AD3d 946; and
2. Determining an excessive use of force claim involving law enforcement personnel requires an analysis of the facts of the particular case, including:
a: "the severity of the crime at issue;
b. "whether the suspect poses an immediate threat to the safety of the officers or others; and
c. "whether [the suspect was] actively resisting arrest or attempting to evade arrest by flight".
Further, citing Holland v City of Poughkeepsie, 90 AD3d 841, the Appellate Division opined that "The question of whether the use of force was reasonable under the circumstances is generally best left for a jury to decide".
Click HERE to access the decision of the Appellate Division posted on the Internet.