Betts v. Shearman, et al., No. 13-619 (2d Cir. 2014)Annotate this Case
Plaintiff's ex-wife, intoxicated and strung out, called the police and falsely accused plaintiff of assaulting her. Plaintiff was charged with assault and resisting arrest. After the charges were dismissed with prejudice, plaintiff filed suit against his ex-wife, the arresting officers, and the City, alleging claims under 42 U.S.C. 1983. On appeal, plaintiff challenged the district court's grant of defendants' motions to dismiss the complaint. The court held that because arguable probable cause existed to arrest plaintiff, his claims for false arrest, false imprisonment, abuse of process, and malicious prosecution were properly dismissed; plaintiff's claim for denial of his right to a fair trial was properly dismissed because he failed to meet the required pleading standards; and plaintiff's claims against the ex-wife were properly dismissed because she did not act under the color of state law. Accordingly, the court affirmed the judgment of the district court.