N.M. v. City of New York

Summary

The Appellate Division, First Department affirmed an order granting summary judgment to the defendants on state and federal claims for assault, battery, and excessive force. The court held that the officers had probable cause to arrest the plaintiff for disorderly conduct and that the plaintiff failed to present competent evidence raising a factual issue regarding excessive force or the cause of his facial bruising.

Holdings

1. Summary judgment dismissing the state and federal assault, battery, and excessive-force claims was proper because plaintiff failed to provide competent proof raising a factual issue that the police force was excessive or that his facial bruising resulted from unwarranted police conduct.

Questions Presented

1. Whether defendants were entitled to summary judgment dismissing the state and federal assault, battery, and excessive-force claims.
2. Whether plaintiff presented competent evidence sufficient to raise a factual issue that the police used excessive or unwarranted force or caused his alleged facial bruising through wrongful conduct.

Disposition

affirmed