Ackerson v. City of White Plains, No. 11-4649 (2d Cir. 2012)Annotate this Case
Plaintiff was arrested for third-degree menacing under New York law and brought an action against defendants for false arrest, malicious prosecution, and violation of his constitutional rights under 42 U.S.C. 1983. Plaintiff also sued the City of White Plains under section 1983 for failure to train and supervise the arresting officers. Plaintiff approached a woman in her driveway, questioned her about members of her household, and insisted that her car had hit his. On appeal, plaintiff challenged the district court's grant of summary judgment for defendants. The court vacated the judgment of the district court. The order granting summary judgment to all defendants on the theory that the officers were entitled to qualified immunity was reversed; denying partial summary judgment on plaintiff's state law false arrest claims against the arresting officers and the City was reversed; and denying partial summary judgment for plaintiff against the officers under section 1983 was reversed. The court affirmed the district court's grant of summary judgment for defendants on the Monell claim and the dismissal of all malicious prosecution claims under New York law and section 1983. The court remanded with instructions to grant plaintiff partial summary judgment on liability for his state law false arrest claims against the officers and the City; against the officers under section 1983 for his false arrest claims; and for the dismissal of the affirmative defenses of probable cause.
The court issued a subsequent related opinion or order on December 4, 2012.