United States Second Circuit

Conviction of forcibly assaulting, resisting, and impeding an officer is reversed where there was no objective basis to fear imminent bodily harm. Judgment of acquittal on conviction of willfully oppressing a person under color of law is reversed where there was a specific and direct threat under the guise of apparent authority.

Appellate Information

• Decided 05/01/2006
• Published 05/01/2006

Judges

• Before:  MINER and WESLEY, Circuit Judges and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• William C. Komaroff, Assistant United States Attorney (David N. Kelly, united States Attorney for the Southern District of New York, Katherine Polk Failla, Assistant United States Attorney, of counsel), New York, NY, for Appellee-Cross-Appellant., Colleen P. Cassidy, The Legal Aid Society, New York, NY, for Appellant-Cross-Appellee.