Prior v. County of Saratoga

Cross appeals from a judgment of the Supreme Court (Keniry, J.), entered July 8, 1996 in Saratoga County, which, inter alia, awarded plaintiff counsel fees.

Claiming use of excessive force during his arrest by Shawn Nolan and Keith Clinton of the Saratoga County Sheriff’s Department, plaintiff commenced this action alleging, inter alia, battery and Federal civil rights claims under the 4th, 5th and 14th Amendments to the US Constitution. Upon trial, a jury found that although Nolan used excessive force in the arrest, he did not intentionally or recklessly violate plaintiff’s rights.* This…