Judge Allows Man Hit With Stun Gun to Proceed With Suit
A man who was shocked by a police stun gun multiple times in the course of an involuntary hospitalization can proceed with his suit alleging false imprisonment, excessive force and municipal liability, a judge has decided.
April 24, 2015 at 03:20 PM
5 minute read
A man who was shocked by a police stun gun multiple times in the course of an involuntary hospitalization can proceed with his suit alleging false imprisonment, excessive force and municipal liability, a judge has decided.
Eastern District Judge William Kuntz II said the factual issues surrounding an April 2010 incident involving Nassau County police and Shuay'b Greenaway prohibited summary judgment for a number of claims, as well as defendant assertions of qualified immunity.
In Greenaway v. County of Nassau, 11-cv-2024, Kuntz said because “a reasonable fact-finder could find that Greenaway was not actively resisting arrest, the record here precludes qualified immunity for the Nassau police officers.” He discarded some claims, including negligence and intentional infliction of emotional distress.
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