Ostrander v. State
Cases that cite this one
18 later published cases cite this decision.
- Mendez v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Moore v. City of New York (Appellate Division of the Supreme Court of New York 2009)
- Washpon v. Parr (District Court, S.D. New York 2008)
- Fischetti v. City of New York (Appellate Division of the Supreme Court of New York 2021)
- Hui-Lin Wu v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Fowler v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- BRIDENBAKER, JEAN v. CITY OF BUFFALO (Appellate Division of the Supreme Court of New York 2016)
- Bridenbaker v. City of Buffalo (Appellate Division of the Supreme Court of New York 2016)
- Bridenbaker v. City of Buffalo (Appellate Division of the Supreme Court of New York 2016)
- Combs v. City of New York (Appellate Division of the Supreme Court of New York 2015)
- Combs v. City of New York (Appellate Division of the Supreme Court of New York 2015)
- SMITH, RYAN S., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Smith (Appellate Division of the Supreme Court of New York 2012)
- Holland v. City of Poughkeepsie (Appellate Division of the Supreme Court of New York 2011)
- Tomaino v. State (N.Y. Ct. Cl. 2008)
- Koeiman v. City of New York (Appellate Division of the Supreme Court of New York 2007)
- Rivera v. City of New York (Appellate Division of the Supreme Court of New York 2007)
- Viizzari v. Hernandez (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a claim to recover damages for personal injuries, the claimant appeals from (1) a decision of the Court of Claims (O’Rourke, J.), dated August 4, 2000, and (2) a judgment of the same court, dated September 29, 2000, entered upon the decision, which, after a trial, dismissed the claim.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
Ordered that the judgment is affirmed; and it is further,
The claimant commenced this claim to recover damages for injuries to his left arm allegedly sustained as a result of the failure of a New York State Trooper to properly apply handcuffs during his arrest and the failure of that State Trooper and another State Trooper to address his complaints that the handcuffs were too tight.
Claims that law enforcement personnel used excessive force in the course of an arrest are analyzed under the Fourth Amendment and its standard of objective reasonableness (see, Passino v State of New York, 260 AD2d 915). The court properly concluded that the State Troopers acted reasonably while the claimant was in their custody. Through a fair interpretation of the evidence, the court determined that it was reasonable for the State Troopers to conclude that their suggestion of leaning forward in the police car had relieved the claimant’s pain and that the claimant’s complaints were similar to those normally voiced by others who are similarily restrained. The court also properly determined that the State Troopers followed standard police procedure, which requires double-locking of handcuffs and prohibits the removal of handcuffs once they are applied, to reduce the risk of flight.
The claimant’s remaining contentions áre unpreserved for appellate review and, in any event, without merit. Altman, J. P., S. Miller, Crane and Prudenti, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.