Wetmore & Co. v. Merrifield

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that municipality liability under a respondeat superior theory “is cognizable as a matter of state constitutional-tort law, but not under § 1983.”
• noting that prior complaint was five years old
• noting it is “safe to say” that officer’s history of eight CCRB complaints, two IAB complaints, and two lawsuits alleging excessive force were sufficient to create issue of fact as to City’s notice
• “[O]nly one of these five complaints actually involved conduct similar to [the] [p]laintiff’s Monell claim.”
• “Under New York law, a state constitutional-tort claim will not lie when state tort law provides an alternative means of redress.”
• “Under New York law, a state constitutional-tort claim will not lie when state tort law provides an alternative means of redress.”

Source: CourtListener parenthetical corpus (CC0).