[DOWNLOAD] "Maxwell v. City of New York" by United States Court of Appeals for the Second Circuit August Term 2003 " Book PDF Kindle ePub Free
eBook details
- Title: Maxwell v. City of New York
- Author : United States Court of Appeals for the Second Circuit August Term 2003
- Release Date : January 12, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This appeal primarily concerns a claim of excessive force in the course of an arrest. Plaintiff-Appellant Leah Maxwell appeals from a judgment of the District Court for the Southern District of New York (Victor Marrero, District Judge) granting summary judgment to Defendants-Appellees City of New York ("City"), former City Police Commissioner Howard Safir in his individual and official capacities, police officer Sebastian Mannuzza in his individual and official capacities, and several unidentified police officers in their individual and official capacities ("Defendants-Appellees"). Maxwell brought suit under 42 U.S.C. § 1983 and the First, Fourth, and Fourteenth Amendments, for violation of her civil rights and for negligence under New York law. This opinion considers her claim of excessive force during the arrest, a claim that we conclude merits a trial. Issues concerning her other claims have been rejected in a summary order filed today. We therefore affirm in part, vacate in part, and remand.