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Trial Win for James A. Resila in Defense of Police Officer, Excessive Force Action

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James A. Resila successfully defended his client, a police officer, in an excessive force claim in United States District Court for the Northern District of New York, with the Hon. Mae A. D’Agostino presiding.

Mr. Resila’s client was sued for excessive force by the plaintiff.  The plaintiff, who was arrested on felony DWI, was being processed and during that procedure, was subdued by use of an electronic control device (ECD) known as a TASER by the defendant officer.  The plaintiff claims that the use of the ECD was unnecessary, excessive, and violated his rights.

Mr. Resila presented a defense proving that the plaintiff, during booking for his DWI arrest, became belligerent with his client, including kicking a table, standing up aggressively, picking up a chair and raising it in a threatening manner toward his client. As such, his client thought the plaintiff was going to throw the chair at him causing him physical injury.  Mr. Resila argued that his client applied the ECD to the plaintiff so as to not be harmed himself and to ultimately subdue the plaintiff and complete the booking process. Additionally, Mr. Resila entered evidence to show that the plaintiff eventually pled guilty to menacing his client, a charge that was brought as a result of plaintiff’s threatening actions against his client during the booking process. In conclusion, Mr. Resila argued that his client’s conduct was, at all times, necessary, not excessive, and the use of force was justified.

James A. Resila is a partner and litigator with Carter Conboy concentrating his practice in the defense of municipalities in federal civil rights cases, medical and dental malpractice defense, general negligence claims, defense of lending institutions in federal actions, and appellate law. Mr. Resila is a graduate of Fordham Law School and has been recognized as a New York SuperLawyer®.

Carter Conboy is a full-service law firm founded in 1920.  With offices in Albany and Saratoga Springs, New York, Carter Conboy serves its clients in New York, Massachusetts, Connecticut, the District of Columbia, New Jersey, New Hampshire, and Florida. For additional information about the firm, visit www.carterconboy.com or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or ssmith@carterconboy.com.