Bryant v. Vasta, et al, No. 7:2006cv04200 - Document 44 (S.D.N.Y. 2010)

Court Description: MEMORANDUM AND OPINION re: 33 MOTION for Partial Summary Judgment. filed by Brian Crowe..... State Trooper Crowe's Motion for Partial Summary Judgment [Doc. No. 331 is GRANTED. Therefore, the claim for false arrest based on the criminal misch ief third charge is dismissed. Because the police officers had arguable probable cause to detain Bryant for criminal mischief third after the car window shattered, the claim for false arrest based on the disorderly conduct, resisting arrest, and hara ssment second remains only up until that point. All claims for malicious prosecution are dismissed for the reasons discussed above and because there are no allegations of a deprivation of constitutional rights other than Bryant's detention. Finally, the claim for excessive forceremains. (Signed by Judge William G. Young on 03/08/2010) (jma)