MSSSV Secures Defense Verdicts in Excessive Force Case

In Cummings v. Village of Port Chester, MSSSV Westchester partner Rich Sklarin success fully tried an excessive force case twice to fully vindicate several officers and the Village’s Police Department. After a motion for summary judgment at the close of discovery dismissed most of plaintiff’s claims, a jury still had to determine whether the use of a taser to bring the plaintiff into custody was reasonable under the circumstances. During the first Southern District trial in 2014 before Magistrate Smith in White Plains, the jury returned a defense verdict in favor of 2 of the 3 individually named police officers. However, the jury deadlocked after 2 full days of deliberation over whether the third Village officer, who had actually utilized the taser to effectuate plaintiff’s arrest, had used reasonable force. The case was re-tried in February, 2015 before Magistrate Smith and, following a 4 day trial, the jury rendered a unanimous defense verdict in just over an hour in favor of the third officer.