Probable Cause – Pospis Law, PLLC

November 12, 2015 by mjpospis

Excessive Force/Tight Handcuffing Claim Sufficiently Alleged

The Second Circuit’s decision in Shamir v. City of New York, No. 14-3606, 2015 WL 6214708 (2d Cir. Oct. 22, 2015) (Newman, Walker, Jacobs) is instructive on pleading police misconduct cases – namely, claims for excessive force. This case arises from plaintiff’s arrest after putting a sleeping bag on the ground while attending an Occupy Wall Street…

Second Circuit Revives False Arrest Case Following Improper Jury Instruction on “Obstruction of Governmental Administration”

In Uzoukwu v. City of New York, No. 13-3483-CV, 2015 WL 6742739 (2d Cir. Nov. 5, 2015), a false arrest/excessive force case, the Second Circuit vacated a judgment entered following a jury verdict for defendants. The facts, briefly: Plaintiff was sitting on a park bench near a playground. Park rules prohibited adults unaccompanied by children…