Woman Can Claim Assault and Battery Against Landlord

Landlord hired a private security force for its Brooklyn housing complex. The security officers were authorized to carry weapons and make arrests. During an incident at the complex, security officers handcuffed a woman for two hours based on disorderly conduct. The charge was dismissed in criminal court, and the woman sued landlord and the security service for false arrest, malicious prosecution, and use of excessive force. Landlord and the security service asked the court to dismiss the case without a trial. The court dismissed all but the excessive force claim. The security officers knew that the woman had bad wrists, the handcuffs were too tight, and they ignored her complaints. She later required medical treatment including surgery for carpal tunnel syndrome. The woman could go forward with a claim for assault and battery under New York law.

Brown v. Starrett City Associates: Index No. 09-CV-3282, NYLJ No. 1202495023974 (EDNY; 5/13/11; Weinstein, J)