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,…
Read More A $200,000 Kick To The GroinWhile the facts and details surrounding Friday’s tragic Empire State Building shooting have yet to be fully developed, the reports thus far indicate that several (as many as nine) bystanders were wounded by police bullets. This raises the question of what, if any, liability will be imposed on the City of New York and/or the…
Read More Liability Where Bystanders Shot By Police?Below are three separate complaints filed yesterday by, respectively, plaintiffs Julie Lawler, Kelly Hanlin, and Damien Crisp against the City of New York and several named and “John Doe” NYPD employees, for damages and injunctive relief under, inter alia, 42 U.S.C. § 1983. The crux of plaintiffs’ claims is that they were injured as a…
Read More OWS Pepper Spray LawsuitsLast week, plaintiff Robert Bell filed a complaint (see below) against NYPD officers and the City of New York following his arrest for – any guesses, given the graphic? – giving cops the finger. Plaintiff brought his claims under 42 U.S.C. §1983, Monell, the New York constitution, and New York common law. Mr. Bell was…
Read More Man Arrested For Giving Cops the Finger SuesLast week, federal Judge George B. Daniels upheld (in response to a Fourth Amendment challenge) NYPD “Interim Order 52”, which requires that a breathalyzer test be administered to any NYPD officer involved in a shooting that results in injury or death to a person in New York City. The decision in Palladino et al. v. City…
Read More Court Upholds Requirement That NYPD Officers Undergo Breathalyzer Tests Following Shooting IncidentsIn Carpinone v. City of New York, No. 11 Civ. 2074 (PAE), the SDNY recently clarified the pleading requirements for a claim under Monell v. Dep’t of Social Servs., 436 U.S. 658, 694 (1978). SDNY Judge Engelmayer dismissed plaintiff’s complaint on the pleadings under Federal Rule of Civil Procedure 12(c). Plaintiff alleged that he was…
Read More SDNY Reiterates Section 1983 / Monell Pleading RequirementsBelow is a copy of the complaint, captioned Sowers v. City of New York (SDNY 12-cv-1294), filed in the Southern District of New York by Chloe Sowers against the City of New York, NYPD officer Kevin McKeon, and New York Downtown Hospital. In it, Ms. Sowers alleges that while she was waiting for the Staten…
Read More Lawsuit Seeks Damages for False Arrest and Involuntary Hospitalization Arising From Non-Disruptive Public IntoxicationOn November 14, 2011, two railroad enthusiasts/photographers – Ernest Steve Barry and Michael Burkhart – filed a lawsuit (Barry v. City of New York, 11-cv-5533 (EDNY filed 11/14/11)) in Brooklyn federal court alleging that in August 2010 they were detained and issued summonses for violating MTA Rules regarding the production of identification upon demand (21 NYCRR 1050.6(d)(3))…
Read More Subway photographers file federal suit following summonses for taking subway pictures and failing to produce identificationGomez v. Village of Sleepy Hollow, 2011 WL 2652439 (SDNY July 6, 2011): Facts / Procedure After allegedly seeing her husband being assaulted by several members of the police and repeated, unsuccessful attempts to seek police help, plaintiff grabbed the arm of one officer (Quinoy) and demanded that he stop. In response, Quinoy “picked her up…
Read More SDNY: no qualified immunity for police officer who picked up and threw non-threatening plaintiff to the groundBradley v. Town of Cheektowaga et al., 2011 WL 2713486 (WDNY July 13, 2011): Following his arrest (during which plaintiff claimed he was beaten by the arresting officers, handcuffed, and subjected to pepper spray), plaintiff sued individual police officers and the Town of Cheektowaga, alleging excessive force, denial of medical treatment, malicious prosecution, false arrest, assault, and…
Read More Arrestee overcomes summary judgment on excessive force, assault claims