Diaz v. State of New York

Appeal from a judgment of the Court of Claims (Schaewe, J.), entered September 18, 2014, upon a decision of the court in favor of defendant.

Franller Villanueva (hereinafter decedent) commenced this action against defendant alleging that, as is relevant here, State Trooper Michael Woytach used excessive force during a pursuit of decedent in which Woytach shot decedent three times and left him paralyzed from the neck down. The Court of Claims conducted a trial on the issue of liability, after which it found that the use of force was objectively reasonable under the circumstances presented and…