Nimely v. City of New York

414 F.3d 381 (2005)

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Nimely v. City of New York

United States Court of Appeals for the Second Circuit
414 F.3d 381 (2005)

SC

Facts

New York City police officer John Muirhead (defendant) shot Thomas Nimely (plaintiff) during a police chase. Nimely sued Muirhead and the City of New York (defendant) for violating his civil rights by using excessive force. Muirhead claimed that he shot Nimely only because Nimely faced him and pointed a gun at him. Uncontroverted forensic evidence indicated that Muirhead shot Nimely in the back. At trial, Muirhead called Dawson, a forensic-pathology consultant, as an expert witness. Dawson testified that if Nimely was in the process of turning when Muirhead fired his gun, it would appear to Muirhead that Nimely was facing him and make Muirhead remember this. Dawson’s opinion was that because the processes of turning and firing the shot were both simultaneous and instantaneous, an illusion would be created such that Muirhead would remember only the result of Nimely’s turn. Dawson also testified that, based on this explanation, he rejected the possibility that Muirhead was lying about his encounter with Nimely. The jury returned a verdict in Muirhead’s favor. Nimely appealed, arguing that the admission of Dawson’s testimony was error.

Rule of Law

Issue

Holding and Reasoning (Calabresi, J.)

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