Taylor v. Rogich, No. 14-364 (2d Cir. 2015)
Annotate this CaseTaylor sued Nassau County, its police department, and officers and supervisors, alleging that officer Rogich used excessive force when he shot Taylor while apprehending him. After dismissals and partial summary judgment, the only defendant was Rogich. The district judge held that Rogich was not entitled to summary judgment on his claim of qualified immunity, because the claim depended on the resolution of disputed issues of fact and the jury’s assessment of the credibility of witnesses. At the close of the liability phase of the trial, the jury found that Rogich used excessive force that caused Taylor injury. Rogich moved for judgment as a matter of law, arguing that the plaintiff had provided no coherent version of events which a jury could have credited one way or the other. Rogich’s motion was denied because his assertion of qualified immunity depended on a view of the facts that was explicitly rejected by the jury” The Second Circuit dismissed an appeal for lack of jurisdiction to decide an interlocutory appeal from a denial of a claim of qualified immunity to the extent that the denial involves only a question of evidence sufficiency.
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