“Excessive force of a third party”

June 27, 2013

  • 170A Federal Civil Procedure
  • 170AXVII Judgment
  • 170AXVII(C) Summary Judgment
  • 170AXVII(C)2 Particular Cases
  • 170Ak2491.5 k. Civil Rights Cases in General.

170A Federal Civil ProcedureGenuine issue of material fact regarding intentions of police officers in allegedly giving gun to robbery victim, allowing victim to accompany them to scene of arrest and to shoot arrestee before arrest precluded summary judgment in arrestee’s civil rights action based on alleged violation of arrestee’s Fourteenth Amendment right not to be subjected to the excessive force of a third party who is aided and abetted by a state actor.
Hemphill v. Schott, 141 F.3d 412 (2nd Cir. 1998)