Mendez v. City of New York

The majority modifies the order appealed to dismiss plaintiff’s excessive force claim, and otherwise affirms the denial of defendants’ motion for summary judgment. Because I believe that defendants should also be granted summary judgment dismissing plaintiff’s causes of action for malicious prosecution, false arrest and imprisonment, assault, battery, and violation of 42 USC § 1983 as against the individual officers, I respectfully dissent in part.

On the night of May 25, 2009, Detective Moreno, Lieutenant Davis and Officer Shea were on duty in plainclothes in an unmarked car. Having received…