False Arrest/Imprisonment

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In Orellana v. Macy’s Retail Holdings, Inc., 2016 Slip Op 31206(U) (Sup. Ct. N.Y. Cty. June 27, 2016), the court preliminarily enjoined Macy’s “from demanding payment of civil penalties from individuals suspected of shoplifting while they are in Macy’s custody.” This case addresses the intersection between two sections of New York law: General Business Law §…

Read More Court Preliminarily Enjoins Macy’s From Demanding Payments From Suspected Shoplifters During Detention
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Lawyers in general, and plaintiffs’ lawyers in particular, serve a vital societal function. Their work has resulted in, to name just a few examples, the proliferation of civil rights, safer products, and safer business practices in general. As a plaintiffs’ lawyer, I am proud to be a part of, and contribute to, that process. Yet, plaintiffs’…

Read More Are All Lawyers Liars?
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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…

Read More Excessive Force/Tight Handcuffing Claim Sufficiently Alleged
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In Graham v. City of New York, No. 08-CV-3518 MKB, 2015 WL 5258741 (E.D.N.Y. Sept. 10, 2015), the court upheld a jury verdict that NYPD officers falsely arrested the plaintiff for “obstructing governmental administration” in violation of NY Penal Law § 195.05. Here is plaintiff’s complaint. This case arose from a factual scenario that could…

Read More Court Explains Reasons for Upholding $150,000 False Arrest Jury Verdict
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In Uzoukwu v. City of New York, No. 13-3483-CV, 2015 WL 6742739 (2d Cir. Nov. 5, 2015), a false arrest/excessive force case, the Second Circuit vacated a judgment entered following a jury verdict for defendants. The facts, briefly: Plaintiff was sitting on a park bench near a playground. Park rules prohibited adults unaccompanied by children…

Read More Second Circuit Revives False Arrest Case Following Improper Jury Instruction on “Obstruction of Governmental Administration”
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Here is the recent decision in Barboza v. D’Agata, SDNY 13-cv-4067 (9/10/15) in which Judge Seibel ruled on the parties’ summary judgment motions. In this case, plaintiff alleged in his federal lawsuit that his arrest under (now unconstitutional) NY Penal Law § 240.30(1) for writing “fuck your shitty town bitches” on a speeding ticket payment form violated his constitutional…

Read More “Fuck Your Shitty Town Bitches” False Arrest/First Amendment Case Proceeds to Trial
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In Shkreli v. JPMorgan Chase Bank, N.A., No. 13 CIV. 5647 LGS, 2015 WL 1408840 (S.D.N.Y. Mar. 27, 2015), plaintiff – a banker employed by defendant – asserted claims for false imprisonment and intentional infliction of emotional distress against his employer. The court held that plaintiff presented sufficient evidence to overcome summary judgment on both claims.…

Read More False Imprisonment, Intentional Infliction of Emotional Distress Claims Continue Against Bank
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Most people, especially this guy, know that saying the word “bomb” in/near an airplane or airport is a bad idea. In Baez v. JetBlue, 14-2754-cv (2nd Cir. July 16, 2015), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of an irate passenger’s lawsuit arising from actions taken by JetBlue and its employee in…

Read More Airline and Agent Not Liable for False Arrest, Defamation, etc. For Reporting Angry Passenger’s Bomb Comment
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Last year, a Times Square Spiderman, Junior Bishop, was criminally charged with punching a police officer. Following the dismissal of his criminal case, he has taken steps to sue the City for, among other things, his alleged false arrest. Here are the petition in support of his request to file a late “notice of claim” and…

Read More Spiderman, Plaintiff
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No one likes/wants to be sued. Process servers – people hired by attorneys to deliver litigation papers to a named defendant – are, therefore, not exactly “welcome” when they attempt to serve papers on a defendant. A recent case, Galtieri v. Uptown Communications & Electric, Inc. and Jonathan Smokler, Sup. Ct. Qns. Cty. 19589/2012, illustrates…

Read More Process Server’s Assault/Battery and False Imprisonment Claims Continue
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