Basora v. City of Poughkeepsie

OPINION & ORDER Richard Basora (“Plaintiff”) brings this action against the City of Poughkeepsie (the “City”) and Officer Tyler Hoag (“Hoag” and together, “Defendants”), asserting a claim of excessive force under 42 U.S.C. §1983 and state law claims of assault and battery in connection with an arrest effectuated on April 28, 2021. (Doc. 1, “Compl.”).¹ Pending before the Court are the parties’ cross-motions for summary judgment under Federal Rule of Civil Procedure 56. Defendants seek the dismissal of Plaintiff’s Complaint. (Doc. 46; Doc. 48; Doc. 49, “Def. Br.”). Plaintiff seeks a judgment of liability on his claims for relief. (Doc. 52; Doc. 54; Doc. 55, “Pl. Br.”). For the reasons set forth below, the cross-motions for summary judgment are DENIED. BACKGROUND The Court recites the facts herein only to the extent necessary to adjudicate the extant motions for summary judgment and draws them from the pleadings, Defendants’ Rule 56.1 Statement with Plaintiff’s responses thereto and statement of additional material facts (Doc. 47, “56.1″), as well as the parties’ affidavits and exhibits annexed thereto. On April 28, 2021, Plaintiff was arrested following an altercation with the driver of a vehicle parked in Plaintiff’s driveway. (56.1

2-3). Prior to the altercation, Plaintiff had been drinking. (See id.