Legal Opinion

Moore v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2009PublishedCited by 8 opinions

1Opinion of the Court

*947The plaintiff commenced this action, inter alia, to recover damages for civil rights violations pursuant to 42 USC § 1983. The action arose from the death of her son (hereinafter the decedent), who was shot by the defendant James Moss, a detective for the New York City Police Department, following a standoff in which the- decedent failed to drop the knife he was brandishing when ordered to do so by the police, and instead “charg[ed] at” the officers. The jury returned a verdict finding that Moss was justified in using deadly force against the decedent. The Supreme Court thereafter denied the…

2Cases cited8 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Roy v. Inhabitants of the City of LewistonCourt of Appeals for the First Circuit · 1994
  3. Higgins v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 1994
  4. Ostrander v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  5. Passino v. StateAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by8 opinions

  1. Eckardt v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2011
  2. Lepore v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2014
  3. Linson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Combs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  5. Fischetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021

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