United States Second Circuit

Genuine issues of material fact exist as to whether a police officer used excessive force in effecting the arrest of plaintiff, and whether he had probable cause to arrest plaintiff for possession of a controlled substance and/or resisting arrest. Officer has not shown entitlement qualified immunity on summary judgment.

Appellate Information

• Decided 01/15/2003
• Published 01/15/2003

Judges

• MESKILL, Circuit Judge., Before:  MESKILL, SACK and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Elmer Robert Keach, III, Albany, NY (Kenneth P. Ray, Utica, NY, of counsel), for Appellant.


• For Appellees:
  
• Karen M. Richards, Office of the Corporation Counsel, City of Syracuse, Syracuse, NY (Terri Bright, Corporation Counsel, Syracuse, NY, Sheila M. Finn, Office of the Corporation Counsel, City of Syracuse, Syracuse, NY, of counsel), for Appellees.