PRIOR v. COUNTY OF SARATOGA


245 A.D.2d 658 (1997)

664 N.Y.S.2d 871

Rob P. Prior, Respondent-Appellant, v. County of Saratoga et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 4, 1997


Peters, J.

Claiming use of excessive force during his arrest by Shawn Nolan and Keith Clinton of the Saratoga County Sheriff's Department, plaintiff commenced this action alleging, inter alia, battery and Federal civil rights claims under the 4th, 5th and 14th Amendments to the US Constitution. Upon trial, a jury found that although Nolan used excessive force in the arrest, he did not intentionally or recklessly violate plaintiff's rights.

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