Brown v. City of New York, No. 14-2611 (2d Cir. 2015)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983 against New York City and NYPD officers, alleging claims for false arrest and use of excessive force in violation of the Fourth Amendment, and retaliation in violation of the First Amendment. The officers arrested plaintiff after a scuffle that occurred while plaintiff was searching for a bathroom. Earlier that evening, plaintiff had gone to Zuccotti Park to observe the Occupy Wall Street crowd. The court concluded that plaintiff's claim against the officers for unlawful arrest is defeated by their defense of qualified immunity, her First Amendment claim was properly dismissed as lacking any merit, and her claim against them for use of excessive force must be remanded for trial. The court did not need to consider plaintiff's claims against the City because her brief on appeal does not challenge the dismissal of those claims. Accordingly, the court affirmed in part, reversed in part, and remanded.
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