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ARTICLE ID 192914

$________ Civil Rights Violation – False Arrest, Excessive Force – Plaintiff detained and arrested by defendants without justification or probable cause, during the arrest the defendants used excessive force – Violations of 1st, 4th, 5th and 14th Amendments and 42 U.S.C § ________.

U.S.D.C. - Southern District of New York

In this civil rights violation action, the plaintiff maintained that the two defendant transit police officers negligently violated the plaintiff’s rights, falsely arresting the plaintiff and using excessive force on the plaintiff while arresting her. The defendant officers maintained that they had probable cause to arrest the plaintiff and that no force was used on the plaintiff.

On January 21, ________, the female plaintiff was at Penn Station in New York City, New York. It was 1:00 in the morning and the plaintiff had just missed the last train to New Jersey. The plaintiff called her husband and asked him to come get her. In the meantime, the plaintiff went into the women’s bathroom. There was another woman in the bathroom. As the plaintiff was getting ready to leave the restroom, the other woman told the plaintiff that she heard police officers out in the lobby and that the two women should leave the rest room together as “those police rape women”. The plaintiff started to exit and the defendant officer was approaching.

The plaintiff told the defendant not to enter the women’s room as she and another female were about to leave. At that point, the defendant grabbed the plaintiff, twisting her arm and falsely started accusing the plaintiff of hitting the defendant officer. The plaintiff attempted to ask the defendant officer what he was talking about when another officer arrived on the scene and began shoving the plaintiff and forcibly attempting to put the plaintiff in handcuffs. During the scuffle, the plaintiff’s wedding ring came off her finger and the plaintiff claimed one of the defendant officers put it in his pocket. The plaintiff was cuffed, detained for over an hour and issued a summons for disorderly conduct.

The plaintiff maintained that the defendants negligently assaulted the plaintiff and violated her rights to be free from excessive force, false arrest, unreasonable search and seizure and was deprived of due process. The plaintiff claimed that the defendant railroad company was vicariously liable for the acts of their officers. The plaintiff maintained that she suffered emotional distress and severe aggravation of her preexisting bilateral tendinitis of her arms. The defendants denied all allegations of negligence and maintained that the plaintiff was treated in accordance with all rights due her.The jury found that the defendant arresting officer was negligent in falsely arresting the plaintiff and awarded her $________.

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