United States Second Circuit

In a 42 U.S.C. section 1983 action alleging that defendants-officers permitted plaintiff's partner to abuse her, summary judgment for certain defendants is affirmed in part where plaintiff failed to show a genuine issue of material fact as to whether defendants enhanced the risk of violence by making explicit assurances to the perpetrator. However, the ruling is reversed in part where plaintiff raised a genuine issue of material fact as to whether defendant-officers implicitly but affirmatively sanctioned the abuse.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• POOLER, Circuit Judge:, Before:  STRAUB and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael H. Sussman, Goshen, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Matthew P. Ross, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, N.Y. (Jamie R. Wozman, on the brief) for Defendants-Appellees Village of Cornwall-on-Hudson Police Department, Thomas Douglas IV, Michael Lug, Paul Weber and Charles Williams., Edward Lammers, Stecich Murphy & Lammers, LLP, Tarrytown, N.Y. (Marianne Stecich, on the brief) for Defendants-Appellees Town of Cornwall Police Department, Rusty O'Dell and Edward Manion.