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:

https://www.leagle.com/decision/infco20200626119

Conditioning the disclosure of material sought pursuant to a FOIL request upon the prepayment of costs authorized by statute

Supreme Court, among other things, granted Petitioners' motion to prohibit the School District's imposition of costs under color of Public Officers Law §87(1) related to Petitioners' request pursuant to the Freedom of Information Law [FOIL]. School District appealed.

The Appellate Division unanimously affirmed the lower court's decision, explaining that School District "failed to demonstrate sufficient justification for the costs sought to be imposed pursuant to §87(1)." 

Citing Matter of Weslowski v Vanderhoef, 98 AD3d 1123, the Appellate Division opined that in the event an agency conditions disclosure of material sought pursuant to FOIL upon the prepayment of costs or refuses to disclose records except upon prepayment of costs, the agency has the burden of articulating a particularized and specific justification' for the imposition of those fees."

In the words of the Appellate Division: "Specifically, the agency must demonstrate that the fees to be imposed are authorized by the cost provisions of FOIL" and found that the School District failed to meet that burden in this instance.

With respect to School District's contention that Supreme Court should have denied, with prejudice, Petitioners' motion seeking attorney's fees and other litigation costs, the Appellate Division concluded that Supreme Court properly determined that the issue of the School District's liability for such payments remained an open question at this stage in the litigation as no determination could yet be made as to whether Petitioners would "substantially prevail" for the purposes of claiming such reimbursement.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2020/2020_03298.htm

Recognizing Juneteenth as a Holiday for State Employees

Consistent with the Executive Order* issued by New York State Governor Andrew M. Cuomo observing Juneteenth as a holiday for state employees in 2020, the New York State Department of Civil Service has published Policy Bulletin No. 2020-03 applicable to the 2020 holiday.

The Text of Policy Bulletin No. 2020-03 is posted on the Internet at:

https://www.cs.ny.gov/attendance_leave/PolBull20-03.cfm

If you wish to print Policy Bulletin No. 2020-03, a PDF version is posted on the Internet at: https://www.cs.ny.gov/attendance_leave/pb20-03.pdf

To view previous Attendance and Leave bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/attendance_leave/index.cfm

Governor Cuomo plans to advance legislation to make Juneteenth an official state holiday next year and a revised guidance is to be issued addressing future observances of Juneteenth upon the enactment of such legislation.

* The Executive Order is posted on the Internet at EO-204.Pdf