Summary Judgment for Officers in Civil Rights Action Partially Affirmed

In Tracy v. Freshwater, No. 08-1769, a civil rights action alleging excessive force by police, the court affirmed summary judgment for defendants in part where a reasonable officer would have construed plaintiff’s conduct as intentional and threatening.  However, the court vacated in part where an issue of material fact remained in dispute with respect to plaintiff’s excessive force claim based on defendant’s use of pepper spray.

 

Related Resources

  • Read the Second Circuit’s Decision in Tracy v. Freshwater, No. 08-1769

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