Kee v. City of New York, No. 20-2201 (2d Cir. 2021)
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Plaintiff appeals the district court's judgment challenging the dismissal of his claims under 42 U.S.C. 1983 for false arrest, malicious prosecution, and the denial of the right to a fair trial against Defendants New York City Police Department Detective Rudy Anzalone and Lieutenant John Ryan, as well as his state law malicious prosecution claims against the City of New York, Detective Anzalone, and Lieutenant Ryan. Plaintiff's claims stemmed from his arrest for violations of state drug laws and the subsequent dismissal of his charges based on speedy trial grounds.
The Second Circuit concluded that the district court properly granted summary judgment on plaintiff's false arrest claim because probable cause existed for his arrest on the charge of loitering for the purpose of gambling. In regard to the federal malicious prosecution claim, the court held that the district court erred in concluding that the dismissal of plaintiff's underlying narcotics charges on speedy trial grounds could not satisfy the "favorable termination" element for that claim. The court also found that the record evidence raises disputed issues of material fact that preclude summary judgment on the issue of probable cause for the federal and state malicious prosecution claims, and that the district court's dismissal of these claims on summary judgment against the City and Detective Anzalone was unwarranted. Likewise, the court concluded that there was sufficient evidence to overcome summary judgment on the fair trial claim based upon allegedly fabricated evidence conveyed to the prosecutors. Accordingly, the court vacated the dismissal of the malicious prosecution claims against Detective Anzalone and the City and the fair trial claim against Detective Anzalone and Lieutenant Ryan; affirmed the district court's grant of summary judgment in all other respects; and remanded for further proceedings.
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