NEW YORK — The Second Circuit ruled that a trial court improperly instructed a jury on assault claims against a police officer arising from the Occupy Wall Street demonstrations. While New York law allows the use of reasonable force by police for crowd control, the justification charge given to the jury indicated the officer’s subjective intent could be considered, which is contrary to the objective standard of assessment in the law. Because that error was prejudicial, a new trial is warranted.
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