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False Arrest and Excessive Force Claims Dismissed

November 2, 2004

G&I obtained summary judgment dismissing a lawsuit brought against the Town of Greece and the Greece Police Department. In the case of Sanchez v. Town of Greece (United States District Court, Western District, Index No. 98-CV-6433), the Plaintiff alleged that he was subjected to false arrest, excessive force and malicious prosecution following a routine traffic stop by Greece police officers. The Town asserted that the Plaintiff was arrested for his erratic behavior and for speeding away from the stop and nearly striking the officers. Magistrate Judge Jonathan Feldman stated that "it is evident that the officers were justified in believing that Sanchez's erratic and bizarre behavior was a danger to themselves and the public." Magistrate Feldman determined that the officers had sufficient probable cause to arrest the Plaintiff and that there was inadequate evidence to support any allegation of excessive force. The lawsuit was dismissed in its entirety. Joe Rizzo, Head of G&I's Litigation Department, remarked that the excessive force claims, in particular, were highly suspect: "The only injury claimed was to his wrist due to handcuffs allegedly being too tight. However, the Plaintiff never sought medical treatment and was even uncertain which wrist was injured. We are very pleased with the Judge's Decision which completely vindicates the officers involved."

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