Legal Opinion

Pastre v. Weber

District Court, S.D. New York

Decided July 28, 1989No. 83 Civ. 7827 (WK)PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

By Memorandum & Order of July 26, 1988, 717 F.Supp. 987, familiarity with which is assumed, I granted summary judgment for defendants on plaintiff's claim under 42 U.S.C. § 1983 for unlawful arrest, but denied the motion with respect to the claim under § 1983 for excessive use of force, as well as pendent state claims of assault and battery, infliction of emotional distress, negligence and gross negligence. After a two-day bench trial and extensive briefing by the parties, I now set forth my findings of fact and conclusions of law.

I observe at…

2Cases cited5 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Smith v. WadeSupreme Court of the United States · 1983
  4. Hinton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1961
  5. Pastre v. WeberDistrict Court, S.D. New York · 1988

3Cited by9 opinions

  1. Eugene K. Sullivan and Thedis Beverly Sullivan v. Officer Damon C. Gagnier and Town of Dewitt, New YorkCourt of Appeals for the Second Circuit · 2000
  2. Pastre v. WeberDistrict Court, S.D. New York · 1991
  3. Fidler v. City of IndianapolisDistrict Court, S.D. Indiana · 2006
  4. Gluckman v. American Airlines, Inc.District Court, S.D. New York · 1994
  5. Martinez v. City of StocktonDistrict Court, E.D. California · 1990

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