United States Second Circuit

In a suit arising out of plaintiff's ejection from the Albany City Court, alleging constitutional violations, the district court's dismissal of plaintiff's Fourth Amendment claims is vacated where, while an order to depart a public area does not, by itself, effect a "seizure" of the person so ordered, when a plaintiff alleges that an officer used physical force to restrain and control plaintiff's movements, that allegation does plausibly please a seizure subject to the Fourth Amendment's reasonableness requirement.

Appellate Information

• Decided 09/10/2015
• Published 09/10/2015

Judges

• RAGGI

Court

• United States Second Circuit

Counsel