MAYS v. CITY OF MIDDLETOWN


70 A.D.3d 900 (2010)

895 N.Y.S.2d 179

TYRONE MAYS, Respondent-Appellant, v. CITY OF MIDDLETOWN et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 16, 2010.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff was arrested by police based upon his participation in a fight which occurred in a crowded parking lot when local bars were closing for the night. The police handcuffed the plaintiff with his hands behind his back and seated him, legs extended, on the ground in the parking lot. A large and unruly crowd remained in the vicinity.

While...

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