Legal Opinion
Passino v. State
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1999PublishedCited by 9 opinions
1Opinion of the CourtCarpinello, J.
Appeal from judgment of the Court of Claims (Bell, J.), entered February 11, 1998, upon a decision of the court in favor of the State.
Claimant seeks to recover damages for injuries allegedly sustained when State Trooper Michael Macintosh sprayed him with oleoresin capsicum (pepper spray) after he had been arrested for driving while intoxicated and refused to be handcuffed. Specifically, he claims that Macintosh used excessive force. Following a trial, the Court of Claims dismissed the claim (175 Mise 2d 733). Claimant appeals, and we now affirm.
The use of pepper spray as a State Police…
2Cases cited5 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Daryl Monday v. Officer John Oullette and the City of MonroeCourt of Appeals for the Sixth Circuit · 1997
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Arnold v. StateNew York Court of Appeals · 1985
- Higgins v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by9 opinions
- Ostrander v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- Koeiman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Shirvanion v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Moore v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Bush v. StateAppellate Division of the Supreme Court of the State of New York · 2008
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