Court Finds City of Poughkeepsie Police Officer Justified in Using Taser - Daily Hudson Valley News

Court Finds City of Poughkeepsie Police Officer Justified in Using Taser

Jan 24th, 2012 | By | Category: Featured Articles

A jury in the federal district court in White Plains ruled in favor of City of Poughkeepsie Police Officer David Tomaine and dismissed a civil rights lawsuit brought by Darryl Greenfield alleging Tomaine used excessive force during his arrest on May 19, 2009 at his City of Poughkeepsie residence, said City of Poughkeepsie Corporation Counsel Paul Ackermann.  Ackermann further stated, “Greenfield claimed that the officer unnecessarily used his taser two times during the incident.”

The Court previously dismissed the initial taser application finding it was reasonable, but left it to a jury to decide if the second application was proper.

Officer Tomaine maintained that Greenfield continued to struggle against the officers trying to place him in handcuffs after the initial taser application ceased and as a result, it was reasonable and necessary to use it again.

The jury reached its verdict exonerating Officer Tomaine after deliberations of approximately 1 ½ hours, which followed two days of evidence.  The court had dismissed Mr. Greenfield’s case against officers Michael Barbagallo and Gregg McGinley, who were trying to handcuff Greenfield, midway through the trial.  Mr. Greenfield was charged with menacing a police officer with a knife and served nearly 3 years in jail as a result of a guilty plea in January 2010.

The officers were represented by David L. Posner of McCabe and Mack of Poughkeepsie and Mr. Greenfield by Matthew Paulose of Schaeffer and Paulose of the Bronx.

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