United States Second Circuit

In a civil rights case under 42 U.S.C. section 1983 alleging claims for false arrest, excessive force, assault, failure to intervene, and unlawful entry, the District Court's judgment as a matter of law (JMOL) to defendants is: 1) affirmed as to dismissal of the false arrest claims, where defendants are entitled to qualified immunity and did not use excessive force or commit an assault in arresting plaintiff; but 2) vacated as to dismissal of the failure‐to‐intervene and unlawful‐entry claims, where it was error to conclude that defendants had no realistic opportunity to intervene in an alleged assault on plaintiff by an unidentified police officer and that plaintiff lacked a legitimate expectation of privacy in his mother's apartment.

Appellate Information

• Published 2016/06/03

Judges

• CABRANES

Court

• United States Second Circuit

Counsel