Legal Opinion

Garcia v. Brown

Court of Appeals for the Second Circuit

Decided March 11, 2008No. 06-4112-cvPublished

1Opinion of the Court

SUMMARY ORDER

Defendant-Appellant Larry Brown appeals from an August 2, 2006, 442 F.Supp.2d 132, decision of the United States District Court for the Southern District of New York (McMahon, J.) denying him summary judgment on Plaintiffs-Ap-pellees Evarista Garcia and Michelle Merino’s claim under 42 U.S.C. § 1983. The District Court found that Plaintiffs were entitled to a trial on their claim that Brown facilitated Defendant Tanya Parson’s attack on them, which violated their Fourteenth Amendment rights to Due Process either as a result of the excessive force used by Parson, see Hemphill v.…

2Cases cited6 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Maria Salim, Administratrix of the Estate of Eric Reyes, I/o v. William ProulxCourt of Appeals for the Second Circuit · 1996
  3. John Hemphill v. Harold Schott, Nyc Police Officer Thomas Dimuro, Nyc Police OfficerCourt of Appeals for the Second Circuit · 1998
  4. Chester A. Fisher v. Lenus Shamburg, Bill Howell, and Charles W. HowellCourt of Appeals for the Tenth Circuit · 1980
  5. Martinez v. City of SchenectadyCourt of Appeals for the Second Circuit · 1997

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