United States Second Circuit

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Brown v. City of New York, 14-2611

In an civil rights action brought against police officers, alleging unlawful arrest, excessive force and First Amendment claims, the district court's grant of summary judgment in favor of defendants is: 1) affirmed in part where the unlawful arrest claims are defeated by the defense of qualified immunity, and the First Amendment claim was properly dismissed as lacking merit; and 2) reversed and remanded as to the excessive force claim where when the amount of force used by two police officers involves taking a 120-pound woman to the ground and twice spraying her directly in the face with pepper spray, the availability of a much less aggressive technique is at least relevant to making the ultimate determination of whether excessive force was used.

Appellate Information

  • Decided 08/19/2015
  • Published 08/19/2015

Judges

  • Newman

Court

  • United States Second Circuit

Counsel