The Plaintiffs in this action sought to recover damages based on the alleged use of excessive force by certain officers of the Town's Police Department and other named defendants, [Defendants] in responding to an incident.
Defendants moved for summary judgment dismissing the complaint insofar as asserted against them. Supreme Court denied the Defendants' motion for summary judgment dismissing the cause of action alleging excessive force insofar as asserted against them and Defendants appealed the Supreme Court's ruling.
The Appellate Division affirmed the Supreme Court's order with court, 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;
2. "Determining the force claim requires an analysis of the facts of the particular case, including 'the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether [the plaintiff] is actively resisting arrest or attempting to evade arrest by flight'", citing Vizzari v Hernandez, 1 AD3d 431, 432, quoting Graham v Connor, 490 US 386; and
3. The question of whether the use of force was reasonable under the circumstances is generally best left for a jury to decide", citing Holland v City of Poughkeepsie, 90 AD3d 841.
Click HERE to access the decision of the Appellate Division posted on the Internet.
Summary judgment denied in action alleging a jurisdictions law enforcement personnel used excessive force in responding to a dispute
The Plaintiffs in this action sought to recover damages based on the alleged use of excessive force by certain officers of the Town's Police Department and other named defendants, [Defendants] in responding to an incident.