Legal Opinion

Johnson v. Kings County District Attorney's Office

Appellate Division of the Supreme Court of the State of New York

Decided August 11, 2003PublishedCited by 61 opinions

1Opinion of the Court

OPINION OF THE COURT

S. Miller, J. P.

This appeal presents an opportunity to settle issues of civil rights and municipal tort law. The primary question we face today is whether a citizen, justifiably arrested but allegedly detained for an unreasonably long time, may recover damages for deprivation of his rights pursuant to 42 USC § 1983. Under the facts of this case, we answer that question in the affirmative.

I. Factual Background

On Saturday, June 13, 1998, at approximately 3:00 p.m., the plaintiff, Henry Johnson, was walking in the vicinity of West *28123rd Street between Mermaid Avenue and Neptune…

2Cases cited32 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. City of Canton v. HarrisSupreme Court of the United States · 1989
  3. Imbler v. PachtmanSupreme Court of the United States · 1976
  4. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  5. Baker v. McCollanSupreme Court of the United States · 1979

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3Cited by61 opinions

  1. Bellamy v. City of N.Y.Court of Appeals for the Second Circuit · 2019
  2. Wyllie v. District AttorneyAppellate Division of the Supreme Court of the State of New York · 2003
  3. Yang Feng Zhao v. City of New YorkDistrict Court, S.D. New York · 2009
  4. Collins v. City of New YorkDistrict Court, E.D. New York · 2013
  5. Hudson Valley Marine, Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 2010

56 more not listed; retrieve them via the Exa API.

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