Price v. City of N.Y.
15 Civ. 5871 (KPF) (S.D.N.Y. Jun. 25, 2018)
municipality's employees interact, see City of
Canton v. Harris, 489 U.S. 378, 388 (1989); Cash,
654 F.3d at 334.
16
17
on the legality of the defendant's actions." Id.
(citing Malley v. Briggs, 475 U.S. 335, 341
(1986)). *17
3. Qualified Immunity
B. Analysis
The doctrine of qualified immunity shields public
officials from civil liability so long as their
conduct "does not violate clearly established
statutory or constitutional rights of which a
reasonable person would have known." Pearson v.
Callahan, 555 U.S. 223, 231 (2009) (quoting
Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982));
see generally Kisela v. Hughes, 138 S. Ct. 1148,
*16 1152 (2018); Almighty Supreme Born Allah v.
Milling, 876 F.3d 48, 58-59 (2d Cir. 2017).
1. Malicious Prosecution Claims
Simmons and the City of New York
The Court first considers Plaintiff's § 1983
malicious prosecution claims against Simmons
and the City of New York. The tort of malicious
prosecution "remedies detention accompanied, not
by absence of legal process, but by wrongful
institution of legal process." Wallace v. Kato, 549
U.S. 384, 389-90 (2007). The elements of a
malicious prosecution claim under § 1983 are
derived from applicable state law. See Swartz v.
Insogna, 704 F.3d 105, 112 (2d Cir. 2013) (citing
Conway v. Vill. of Mount Kisco, 750 F.2d 205, 214
(2d Cir. 1984)).
For a constitutional right to be "clearly
established," "[t]he contours of the right must be
sufficiently clear that a reasonable official would
understand that what he is doing violates that
right." Anderson v. Creighton, 483 U.S. 635, 640
(1987); see also Ashcroft v. al-Kidd, 563 U.S. 731,
741 (2011). "In other words, existing precedent
must have placed the statutory or constitutional
question beyond debate." Reichle v. Howards, 566
U.S. 658, 664 (2012) (internal citation and
quotation marks omitted).
If the law is "clearly established, the immunity
defense ordinarily should fail, since [ ] reasonably
competent public official[s] should know the law
governing [their] conduct." Vincent v. Yelich, 718
F.3d 157, 166 (2d Cir. 2013) (quoting Harlow, 457
U.S. at 818-19). But "[e]ven where the plaintiff's
federal rights and the scope of the official's
permissible conduct are clearly established, the
qualified immunity defense protects a government
actor if it was 'objectively reasonable' for him to
believe that his actions were lawful at the time of
the challenged act." Lennon v. Miller, 66 F.3d 416,
420 (2d Cir. 1995) (citing Creighton, 483 U.S. at
641). "The objective reasonableness test is met —
and the defendant is entitled to immunity — if
'officers of reasonable competence could disagree'
Against
18
Under New York law, to state a claim for
malicious prosecution, a plaintiff must allege facts
showing: (i) the defendant initiated or continued a
prosecution against the plaintiff, (ii) the defendant
lacked probable cause to commence the
proceeding or believe the proceeding could
succeed, (iii) the defendant acted with malice, and
(iv) the prosecution was terminated in the
plaintiff's favor. See Fulton v. Robinson, 289 F.3d
188, 195 (2d Cir. 2002). A claim for malicious
prosecution under § 1983 requires the additional
element of (v) "a sufficient post-arraignment
liberty restraint to implicate the plaintiff's Fourth
Amendment rights." Rohman v. N.Y.C. Trans.
Auth., 215 F.3d 208, 215 (2d Cir. 2000). This
element can be satisfied where, for instance, a
plaintiff was remanded pending trial, see Singer v.
Fulton Cty. Sheriff, 63 F.3d 110, 117 (2d Cir.
1995), or where a plaintiff was compelled to
return to court before dismissal of the criminal
charge, see Swartz, 704 F.3d at 112. *18
In their motion, the City Defendants do not
dispute that Plaintiff's allegations have satisfied
the first four elements of the claim. Instead, they
argue that "Plaintiff's single court appearance does
8
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات