Uncategorized

by

An upstate appellate court recently held – despite contrary suggestions in popular culture – that chimpanzees are not “persons” (at least not in the legal sense). In People ex rel. Nonhuman Rights Project, Inc. v. Lavery, the court affirmed the dismissal of a habeas corpus proceeding to secure the release of a chimpanzee named Tommy. Specifically, it addressed…

Read More Court Explains Why Chimpanzees Aren’t “Persons” For Purposes of New York’s Habeas Corpus Statute
Share This:
by

As illustrated by a recent federal court decision, a plaintiff may be able to assert false arrest claims against a private individual who makes a false report to the police, resulting in plaintiff’s arrest. In Sanders-Peay v. NYC Dept. of Educ., decided Nov. 18, 2014, the Eastern District of New York held that plaintiff, a Department…

Read More False Arrest Claims, Based on False Statements to Police, Sufficiently Pled
Share This:
by

In Pittman v. Incorporated Village of Hempstead, the Eastern District of New York held that plaintiff’s excessive force claim survived summary judgment. The “Fourth Amendment protects individuals from the government’s use of excessive force when detaining or arresting individuals. … A police officer’s use of force is excessive in violation of the Fourth Amendment[] if it…

Read More Injury to Arrestee’s Head and Ear Results in Denial of Summary Judgment to Officer on Excessive Force Claim
Share This:
by

In O’Hara v. City of New York et al. (Summary Order dated June 18, 2014), the Second Circuit upheld a jury’s verdict that defendant police officer (McAvoy) used excessive force in arresting plaintiff (O’Hara) in violation of the Fourth Amendment (asserted through 42 USC 1983) and committed state-law battery. It held: [I]f we assume, as…

Read More Second Circuit Upholds Jury Verdict that Repeatedly Punching Unarmed, Non-Menacing Teenager is Excessive Force
Share This:
by

“‘You’re an asshole[]’ is not how an attorney should address her adversary.” That is the opening line of federal judge James C. Francis IV’s Order in Alexander Interactive v. Adorama, 12-6608, 2014 WL 2968528 (SDNY June 26, 2014). This decision serves as a reminder to attorneys to conduct themselves in a civil manner. This case arises…

Read More Don’t Call Your Adversary an Asshole, Federal Court Warns
Share This:
by

The U.S. Supreme Court recently held, in Riley v. California (decided together with U.S. v. Wurie) that the police may not conduct a warrantless search of the digital contents of a cell phone seized from an individual who has been arrested. Justice Roberts’ tour through the Court’s Fourth Amendment jurisprudence culminates with this terse observation:…

Read More Police Need Warrant to Search Cell Phones’ Digital Contents, U.S. Supreme Court Holds
Share This:
by

In Schwartz v. Marcantonatos et al. (Summary Order decided May 20, 2014), the Second Circuit affirmed the denial of summary judgment to defendants on the ground of qualified immunity. This false arrest case arises out of the NYPD’s botched attempt to arrest the plaintiff as part of its “lucky bag” program. Ironically, the arresting (plainclothes) officer’s own illegal…

Read More “Lucky Bag” Operation Backfires; False Arrest Lawsuit Continues
Share This: