Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

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Oakley v. Dolan

Docket: 20-642

Opinion Date: November 16, 2020

Judge: Jon O. Newman

Areas of Law: Personal Injury

The Second Circuit reversed in part the district court's dismissal of plaintiff's amended complaint, alleging claims of unreasonable force applied by security personnel endeavoring to remove a plaintiff, a former professional basketball player and spectator, from Madison Square Garden. The court held that plaintiff's allegations sufficed to defeat a motion to dismiss the assault and battery claims in the amended complaint. In this case, plaintiff alleges that he was "thrown to the ground" by actions that "greatly exceeded the amount of force that was necessary" and "clearly exceeded the bounds of reasonable behavior," and that he "has suffered and continues to suffer harm." The court explained that the reasonable inference to be drawn is that plaintiff has been subjected to an unreasonable amount of force. The court reversed as to the causes of action for assault and battery and affirmed as to other causes of action in a summary order filed this date, remanding for further proceedings.