Federal Defenders of New York Second Circuit Blog

Second Circuit affirms grant of summary judgment dismissing claim of excessive force in handcuffing on grounds of qualified immunity, but notes that the right to raise such a claim is now “clearly established” law.

On October 25, 2019, the Second Circuit, in an opinion by Judge Sack (joined by Judge Hall and Judge Droney), concluded that an excessive force claim under the Fourth Amendment can be established based on excessive use of force in handcuffing, even where the plaintiff signaled discomfort during the handcuffing only through brief and non-verbal … Read more