excessive force – Pospis Law, PLLC

November 12, 2015 by mjpospis

Excessive Force/Tight Handcuffing Claim Sufficiently Alleged

The Second Circuit’s decision in Shamir v. City of New York, No. 14-3606, 2015 WL 6214708 (2d Cir. Oct. 22, 2015) (Newman, Walker, Jacobs) is instructive on pleading police misconduct cases – namely, claims for excessive force. This case arises from plaintiff’s arrest after putting a sleeping bag on the ground while attending an Occupy Wall Street…

A $200,000 Kick To The Groin

Last week the Second Circuit, in Payne v. Jones, held that a jury’s $300,000 punitive damages award to a police beating victim was excessive. It thus remanded for a new trial on punitive damages, unless plaintiff agreed to remit $200,000 and accept a punitive damages award totaling $100,000. After plaintiff was brought to the hospital,…