United States Second Circuit

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Shamir v. City of New York, 14-3606

In a 42 U.S.C. section 1983 action alleging false arrest and use of excessive force, the district court's dismissal of plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(6) is: 1) affirmed in part as to dismissal of claims for false arrest and retaliatory arrest; and 2) reversed in part as to the excessive force claim where defendant's motion for summary judgment and the district court's resulting order dismissed plaintiff's false arrest claim without addressing his excessive force claim.

Appellate Information

  • Decided 10/22/2015
  • Published 10/22/2015

Judges

  • NEWMAN

Court

  • United States Second Circuit

Counsel