Two recent cases by the U.S. Court of Appeals for the Second Circuit remind us that the jury reigns supreme in hotly contested civil rights cases where the legal standard invites a factual-balancing test. One case alleges that two New York City police officers used excessive force against an Occupy Wall Street protester. The other case sustains a hostile work environment verdict.
‘Brown v. City of New York’
In Brown v. City of New York, an Occupy Wall Street protester was arrested for disorderly conduct after she and others were allegedly pounding on the door of a Starbucks in the pre-dawn hours because they needed to use the bathroom.1 Upon arrival, the officers arrested Imani Brown. After Brown resisted the handcuffs, they took her to the ground, where she continued to resist until the officers twice pepper-sprayed her.2 At that point, she was cuffed and taken to the police station. Brown sued the officers for excessive force.
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