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Feldman, Kronfeld & Beatty Law Blog

Tuesday, January 5, 2016

NYS Trooper Found Liable for Using Excessive Force

A famous attorney once said that the best trial attorneys are those who hate bullies. They stand up for the average person who gets a raw deal and has nowhere to go. A lawsuit isn’t about revenge, but about balance, justice, and protecting the vulnerable.

New York State Trooper Imani Kirkland, for example, pulled over Roseann Payne in 2011 on the Taconic Parkway. Ms. Payne, a 51-year-old grandmother with multiple scelorosis, had her license suspended for failing to pay a fine. So the trooper, Mr. Kirkland, called a tow truck and Ms. Payne called her daughter to come pick her up.

However, Mr. Kirkland didn’t wait for Ms. Payne’s daughter to arrive. He grabbed Ms. Payne out of her car and threw her to the ground. Her dog, scared of the commotion, ran out of the car and into traffic. Ms. Payne pleaded with the trooper to let her go get her dog, but the trooper reportedly said, “I don’t give a f- about your dog.”

A jury in Westchester County rejected the argument that Ms. Payne was resisting arrest and found the trooper liable for using excessive force in the arrest. While this is the result of only one trial, and past performance cannot guarantee future results, it can show that, with effort and persistence, justice can be obtained for those who are the victims of arrests by excessive force.

If you, or a loved one, is the victim of an arrest where you believe the arresting officer used excessive force, call the experienced trial lawyers at Feldman, Kronfeld & Beatty at (212) 425-0230 or at info@fkbeatty.com for a free consultation.


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