McKinney v. City of Middletown, No. 19-1765 (2d Cir. 2022)
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Plaintiff appeals the district court’s judgment granting Defendants’ motion for summary judgment on the ground of qualified immunity. Plaintiff argued that Defendant police officers violated clearly established law by purportedly using a police canine for a purpose for which it was not trained, failing to give Plaintiff a warning before releasing the canine, and allowing the canine to continue biting Plaintiff after he ceased actively resisting, subjecting Plaintiff to a dog bite that may have lasted for two minutes, and otherwise improperly escalating the use of force. Plaintiff further argued that the district court erred by failing to construe disputed facts and draw reasonable inferences in his favor.
The Second Circuit affirmed. The court held that Plaintiff has not shown that Defendant officers violated clearly established law of which a reasonable person would have known and conclude that the defendant officers are entitled to qualified immunity. The court also held that the district court did not commit reversible error in evaluating Defendants’ summary judgment motion.
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