No criminal cases were decided by the Circuit today.
But there is an interesting civil case resulting from the plaintiff’s arrest by NYPD detectives, on charges that were later dismissed. The plaintiff brought a civil suit against the defendants — several named NYPD detectives — under 42 U.S.C.§ 1983 .
The case is Figueroa v. Mazza et al., No. 14-4116-cv (2d Cir. June 3, 2016) (Circuit Judges: Kearse, Walker, and Cabranes; Judge Kearse dissents from part of the opinion).
In the plaintiff’s civil suit under 42 U.S.C.§ 1983 and state law, he raised the following claims against the detectives: (1) false arrest, (2) excessive force, (3) assault, (4) failure to intervene (because the detectives did not stop an unidentified police officer from beating him as he sat in a police car), and (5) unlawful entry.
Of interest is Circuit’s discussion of the unlawful entry claim because it involves a …