Michael Walker v. The City Of New York

2024 Wl 4198451 (September 16, 2024)

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Issues

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Nature Of The Case

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Facts

P brought a civil rights action under 42 U.S.C. § 1983 alleging Ds violated his constitutional right to be free from excessive force when they shot him in the back and seriously injured him during a police-citizen encounter. Ds claim that P was armed with a firearm and that their actions were justified. P maintains that he was unarmed, that the officers' decision to shoot him was unreasonable and unjustified, and that the officers proceeded to fabricate a false account of the incident to cover up their unlawful use of potentially deadly force. The sample in question was swabbed by OCME from a 'trigger and trigger guard' of a firearm that was reportedly recovered near the scene of P's shooting.

Holding & Decision

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Legal Analysis

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