THOMAS v. CITY OF NEW YORK

9763, 304542/14.

173 A.D.3d 633 (2019)

103 N.Y.S.3d 83

2019 NY Slip Op 05211

Jermaine Thomas, Appellant, v. City of New York et al., Respondents.

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

Decided June 27, 2019.


Plaintiff alleges that in the early morning of December 7, 2009, he was walking his dog, a pit bull, and going to get baby food for his young child. He contends that, initially, he had his dog off leash, which caused Detective Fleming to stop him. Detective Fleming subsequently arrested him and sprayed mace in his face.

Detective Fleming contends that, on the morning of December 7, 2009, he witnessed plaintiff sell what he believed to be drugs to another individual...

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