Brown v. City of New York, No. 16-1258 (2d Cir. 2017)Annotate this Case
The Second Circuit affirmed defendants' motion for qualified immunity in plaintiffs' action claiming false arrest, unnecessary use of force, and First Amendment retaliation. The court held that its mandate in Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015), did not preclude the district court's considering, and ruling on, defendants' motion for summary judgment on the ground of qualified immunity; defendants did not waive their qualified immunity defense; and the district court committed no error in granting that motion.