Gerald M. Breen v. Shawn L. Garrison, Individually and as a New York State Trooper

Gerald Breen appeals from a summary judgment of the United States District Court for the Northern District of New York which dismissed his complaint against Shawn Garrison, a New York State Trooper. The complaint alleged, among other things, that Garrison violated Breen’s civil and constitutional rights by falsely arresting him, using excessive force in the process, and maliciously prosecuting Mm. We affirm in part and vacate in part.

On March 21, 1995, Breen’s brother appeared before Town Justice Mary Markam Forand in Turin, New York, in response to a traffic violation citation he had…