2nd Circuit

Granting qualified immunity to prison supervisor for sexual abuse of prisoner by three guards; court holds there is no “special rule” for supervisory liability, plaintiff must plead and prove that “each Government-official defendant, through the official’s own individual actions, has violated the Constitution,” citing Iqbal; that means the claim against the supervisor must satisfy the elements of the constitutional claim; supervisor here entitled to qualified immunity because record did not establish that supervisor had required subjective knowledge that plaintiff was at a substant

• Plaintiff sues following acquittal on murder charge; court finds probable cause and affirms summary judgment for defendants on malicious prosecution claim, but finds viable due process claim based on witness’s affidavit that officers induced him to identify plaintiff as guilty party, finds district court erred in concluding that affidavit was incredible as a matter of law; probable cause is not a defense to a due process claim based on fabrication of evidence; due process claim does not fail even though witness did not testify at plaintiff’s criminal trial: “Notwithstanding the nomencl

Officer shot plaintiff while executing a no-knock search warrant; plaintiff sued officer under § 1983 and brought state law claims against officer and the City in negligence; jury ruled in the officer’s favor on both the § 1983 claim and negligence claim, but in favor of the plaintiff against the City on the negligence claim, awarding plaintiff $3 million in damages; Second Circuit held plaintiff’s evidence was sufficient to justify a negligence verdict against the City, despite the verdict in the officer’s favor on negligence; however, because the federal court concluded that New York stat

Plaintiff entitled to trial on claim that officer threw her to ground after she was handcuffed, then put his full body weight on her, kneeling on her back, and slamming her head into the ground; clearly established that it was “impermissible to use significant force against a restrained arrestee who is not actively resisting.

Second use of taser against subject who was subdued by first discharge was excessive, officer not entitled to qualified immunity.

District court erred in dismissing unlawful entry claim on motion to dismiss where plaintiff pleaded facts showing that emotionally disturbed person shot by police in his own apartment had mistakenly triggered his medical alert device and officers had reason to know there was no medical emergency but forced entry nonetheless.