United States Second Circuit

In a civil rights action alleging excessive force by police, summary judgment for defendants is affirmed in part where a reasonable officer would have construed plaintiff's conduct as intentional and threatening. However, the judgment is vacated in part where an issue of material fact remained in dispute with respect to plaintiff's excessive force claim based on defendant's use of pepper spray.

Appellate Information

• Decided 10/14/2010
• Published 10/14/2010

Judges

• Debra Ann Livingston

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michelle Ghali, Jonathan Wood