An Eastern District judge recently decided that a man who was shot multiple times by a police stun gun during an involuntary hospitalization will be allowed to proceed with a lawsuit that includes allegations of false imprisonment, municipal liability and excessive force. According to the judge,  the case,  Greenaway v. County of Nassau, has enough factual evidence to substantiate the victim’s claims.

The plaintiff in the case is Shuay’b Greenaway, a field engineer who was diagnosed in 2002 with bipolar disorder. As his mental health worsened, he would reportedly wander aimlessly and have difficulty focusing. It is disputed as to whether or not he had a history of violence. But in 2010, when Greenaway’s mother called 911 for assistance, she insisted her son was not dangerous and that he had only been off his medication for one day.

Police found Greenaway in a home he was preparing to move into, where the alleged victim’s attorneys say he was not making any threats or being violent – despite police reports to the contrary. After an altercation, officers used a stun gun on Greenaway several times, resulting in several puncture wounds.

Officers who responded to the call say they had no choice but to use their stun guns, as Greenaway had threatened them and was not responding to their requests. However, Greenaway was never charged with any crime related to the incident. Greenaway and his parents filed the lawsuit in 2011 against Nassau County, the officers and the Village of Hempstead, and this recent ruling allows the suit to proceed, at least against the county.

For more information on how to file a lawsuit against a police department or municipality for false imprisonment or another violation of your rights, speak with a knowledgeable New York  police brutality lawyer  at Rubenstein & Rynecki today. You can reach us  online  or at (718) 522-1020.