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STEPHENSON v. DOE

Docket Nos. 00-93, 00-95.

332 F.3d 68 (2003)

Jamal STEPHENSON, Plaintiff-Appellant-Cross-Appellee, v. John DOE, Detective, New York City Police Department, John Doe, Detective, New York City Police Department, Lee Brown, Commissioner, New York City Police Department, City of New York, New York, New York individually and in their official capacities & New York City Police Department, Defendants-Appellees, and Thomas Dingler, P.O., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2003.

Attorney(s) appearing for the Case

Alexandra A.E. Shapiro (Noreen Kelly-Najah; Jennifer Herring, of counsel), Latham & Watkins, New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Elizabeth S. Natrella, New York, N.Y. (Michael A. Cardozo, Corporation Counsel of the City of New York; Pamela Seider Dolgow, of counsel), for Defendant-Appellee-Cross Appellant.

Before: FEINBERG, F.I. PARKER and STRAUB, Circuit Judges.

FEINBERG, Circuit Judge.

Plaintiff Jamal Stephenson appeals from a judgment of the United States District Court for the Eastern District of New York (Frederic Block, J.) for defendant Thomas Dingler, based on a jury's finding of qualified immunity after a seven-day trial.1 The complaint, brought under 42 U.S.C. § 1983, alleged that police officer Dingler used excessive force when he shot Stephenson in the back during the course of...

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