You are here: / / Question of Fact Raised Whether Police Officers Used Excessive Force In...
,

Question of Fact Raised Whether Police Officers Used Excessive Force In Violation of Plaintiff’s Civil Rights—Criteria Explained

The Second Department determined a question of fact had been raised about whether police officers used excessive force in violation of plaintiff’s civil rights.  The court explained the relevant law:

“A claim that a law enforcement official used excessive force during the course of an arrest . . . is to be analyzed under the objective reasonableness standard of the Fourth Amendment” … . The reasonableness of a particular use of force is judged from “the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight” …, and takes into account “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he [or she] is actively resisting arrest or attempting to evade arrest by flight” … . “[A]n officer’s decision to use deadly force is objectively reasonable only if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others” … . “Because of its intensely factual nature, the question of whether the use of force was reasonable under the circumstances is generally best left for a jury to decide” … . “If found to be objectively reasonable, the officer’s actions are privileged under the doctrine of qualified immunity” … . Williams v City of New York, 2015 NY Slip Op 05470, 2nd Dept 6-24-15

 

You might also like
DEFENDANTS DID NOT DEMONSTRATE THEY DID NOT HAVE CONSTRUCTIVE NOTICE OF THE CONDITION OF THE STAIRS ALLEGED TO HAVE CAUSED PLAINTIFF’S SLIP AND FALL BECAUSE THEY OFFERED NO PROOF OF WHEN THE STAIRS WERE LAST INSPECTED (SECOND DEPT).
THE DEFENDANTS’ EXPERT’S AFFIDAVIT DID NOT SUFFICIENTLY ADDRESS THE ALLEGATIONS OF NEGLIGENCE IN THIS ACTION ALLEGING THE FAILURE TO CONDUCT A PROPER SUICIDE ASSESSMENT; THE FLAWS IN THE EXPERT’S AFFIDAVIT PROVIDE A USEFUL CHECKLIST FOR WHAT SHOULD HAVE BEEN ADDRESSED (SECOND DEPT).
PETITIONER’S PUBLIC ASSISTANCE BENEFITS SHOULD NOT HAVE BEEN TERMINATED, NOTICE DID NOT SPECIFY SPECIFIC INSTANCES OF A FAILURE TO COOPERATION WITH EMPLOYMENT TRAINING AND SOME EVIDENCE PRESENTED AT THE HEARING WAS NOT INCLUDED IN THE NOTICE, PETITIONER’S DUE PROCESS RIGHTS WERE VIOLATED (SECOND DEPT).
Four-Year Statute of Limitations Under Magnuson-Moss Warranty Act Started to Run When the Vehicle Was Delivered, I.E., When the Vehicle Was Leased===Three-Year Statute of Limitations for the General Business Law 349 Cause of Action Started to Run When the Vehicle Was Subsequently Purchased (After the Lease-Period)
THE KILLING OF ONE PERSON AND WOUNDING OF TWO BY FIRING 13 SHOTS INTO A GROUP OF PEOPLE FROM A ROOFTOP WERE NOT SEPARATE AND DISTINCT OFFENSES, SENTENCES MUST BE CONCURRENT (SECOND DEPT).
PETITIONERS SHOULD HAVE BEEN ALLOWED TO FILE LATE NOTICES OF CLAIM AGAINST THE COUNTY IN THIS GROUNDWATER CONTAMINATION CASE; THE COUNTY HAD TIMELY KNOWLEDGE OF THE ESSENTIAL FACTS AND THE COUNTY DID NOT DEMONSTRATE ANY PREJUDICE RESULTING FROM THE THREE-MONTH DELAY (SECOND DEPT).
Failure to Enter a Default Judgment within One Year Justified Dismissal of the Complaint as Abandoned
THE DENIAL OF DEFENDANT’S REQUEST FOR A ONE-DAY ADJOURNMENT TO ALLOW HIS DAUGHTER TO TRAVEL TO COURT TO TESTIFY, COUPLED WITH THE RELATED GRANT OF THE PEOPLE’S REQUEST FOR A MISSING-WITNESS JURY INSTRUCTION, DEPRIVED DEFENDANT OF A FAIR TRIAL (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Question of Fact Whether Landlord Entitled to Pass On Increased Real Estate... NYC Taxi and Limousine Commission (TLC) Had the Authority to Enter a 10-Year...