Outlaw v. Allen, No. 16-480 (2d Cir. 2018)Annotate this Case
Plaintiff filed suit against defendants, alleging claims under 42 U.S.C. 1983 for deliberate indifference and seeking to hold defendant Michael Allen, a police officer, responsible for excessive use of force. The Second Circuit affirmed the district court's grant of summary judgment for the City on plaintiff's municipal liability claims where the evidence proffered by plaintiff was insufficient to permit an inference of deliberate indifference. The court held that the cross-appeal by Allen was without merit given that as to an affirmative defense of qualified immunity, the burden was on the defendant to prove the necessary factual predicates by a preponderance of the evidence; that in order to avoid having the district court instruct the jury that he had that burden, Allen chose not to have submitted to the jury the fact questions as to which he now wants favorable answers presumed; and that the pertinent factual findings made by the district court were not inconsistent with the jury's answers to the questions that were posed.
The court issued a subsequent related opinion or order on March 8, 2018.