Morales v. City of New York, No. 13-2126 (2d Cir. 2014)Annotate this Case
Plaintiff filed suit against the City, the NYPD, and four individual State and Federal law enforcement officials under 42 U.S.C. 1981, 1983, 1985, and 1988 and State law. Plaintiff claimed that a Federal agent presented false testimony to the State grand jury that returned the indictment against him. The court concluded that the district court correctly concluded that plaintiff's Bivens and section 1983 claims were foreclosed by Rehberg v. Paulk; plaintiff's allegation that his indictment was premised on faulty laboratory results failed to support a plausible fair trial claim; the district court correctly held that plaintiff failed to state a claim for abuse of process as to either the individual NYPD defendants or the agent; the district court did not err in dismissing plaintiff's claim of malicious prosecution; plaintiff failed to plead facts showing that defendants acted with discriminatory animus, as required to state a claim under sections 1981 or 1985; and the district court properly dismissed plaintiff's claim against the City and the NYPD for municipal liability. Accordingly, the court affirmed the district court's dismissal of plaintiff's second amended complaint.