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· 9/23/2009

Yang Feng Zhao v. City of New York

Citations

  • 656 F. Supp. 2d 375
  • 2009 U.S. Dist. LEXIS 124896
  • 2009 WL 3047253

How courts have described this case

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

  • holding that during interrogation at police precinct, where there is “no reason for any use of force,” then “any force is potentially illegitimate”
  • holding that where “the record reflects no reason for any use of force . . . In such circumstances any force is potentially illegitimate.”
  • noting that a party opposing summary judgment must rely on evidence, not “pleadings or merely conclusory factual allegations”
  • noting that a de minimis injury is relevant to an excessive force allegation “because it is probative of the amount and type of force actually used”
  • finding that plaintiff's claims-that an officer \patted\ his face and \pressed his head down against [a] table for some unspecified period of time and with some unspecified degree of force\-were sufficient to survive summary judgment
  • stating that severity of injury is “probative of the amount and type of the force actually used by the arresting officers, and that in turn is likely to reflect on the reasonableness of that force”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lewis A. Kaplan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.