Second Circuit: Tardif v. City of New York

 

Not providing timely and adequate medical services to detained individual prior to arraignment doesn't violate the disability act, since the disability requiring medication is the reason for the service, not the obstacle for which a reasonable accomodation would have to be provided.  Plaintiff was not denied medical services because of the disability.

At summary judgment, the defendant was not required to provide a nondiscriminatory theory for not providing the medication.

Limiting the testimony rebutting a claim of pecuniary motivation to the social justice motivations for participating in the protest rather than allowing testimony about past work for social justice was not an abuse of discretion.

State law permits a police officer to use an objectively reasonable amount of justifiable force in any non-arrest situation; the contact does not in itself give rise to a claim for assault, and the justification is not limited to the circumstances enumerated in state law.

Since the question of objective reasonableness of force looks to the Fourth Amendment, it was error to instruct the jury that the subjective mental state was at issue; where subjective mental state was potentially dispositive, the error is not harmless.


Tardif v. City of New York