Okin v. Cornwall-on-Hudson, No. 06-5142

In a 42 U.S.C. section 1983 action alleging that defendants-officers permitted plaintiff's partner to abuse her, summary judgment for certain defendants is affirmed in part where plaintiff failed to show a genuine issue of material fact as to whether defendants enhanced the risk of violence by making explicit assurances to the perpetrator. However, the ruling is reversed in part where plaintiff raised a genuine issue of material fact as to whether defendant-officers implicitly but affirmatively sanctioned the abuse.

Read Okin v. Cornwall-on-Hudson, No. 06-5142

Appellate Information

Argued: April 28, 2008

Decided: August 18, 2009

Judges

Opinion by Judge Pooler

Counsel

For Appellant:

Michael H. Sussman, Goshen, NY, for Plaintiff-Appellant.

For Appellees:

Matthew P. Ross, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, NY

Jamie R. Wozman, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, NY