Legal Opinion
Passing v. State
New York Court of Claims
Decided January 28, 1998No. Claim No. 89383PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
John L. Bell, J.
Claimant contends that a State Trooper used excessive force *734when, on February 23, 1994, the Trooper sprayed him with pepper spray (oleoresin capsicum) during an incident that occurred following his arrest for driving while intoxicated in the Village of Keeseville, Clinton County. Issues of first impression are implicated since no reported decision in this jurisdiction has addressed the use of pepper spray by police officers.
Claimant, who was 37 years old, 6 feet 3 inches in height and weighed approximately 185 pounds on the date of his arrest, testified…
2Cases cited10 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Adeline Lennon v. Chief William P. Miller, the City of Troy, Patrolman Donald J. Backaus, and Patrolman Peter GordonCourt of Appeals for the Second Circuit · 1995
- Daryl Monday v. Officer John Oullette and the City of MonroeCourt of Appeals for the Sixth Circuit · 1997
- John v. JohnsonSupreme Court of the United States · 1973
- Jones v. State of New YorkNew York Court of Appeals · 1973
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3Cited by3 opinions
- Headwaters Forest Defense v. County of HumboldtCourt of Appeals for the Ninth Circuit · 2001
- Headwaters Forest Defense v. County of HumboldtCourt of Appeals for the Ninth Circuit · 2000
- Tomaino v. StateNew York Court of Claims · 2008