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Malicious Prosecution

Here’s the recently-filed state court complaint filed by Kang Chun Wong, an 84 year-old man who was violently arrested by the NYPD for jaywalking in upper Manhattan earlier this year. Here’s the Gothamist article on the filing.

Here is the complaint filed on July 30th in Bronx Supreme Court by alleged “rape cop” Kenneth Moreno against various parties, including the woman he was accused (but acquitted) of raping, the City of New York, and Manhattan District Attorney Cyrus Vance. According to a Reuters article on the suit, plaintiff “claims that city prosecutors ignored credibility […]

Recently, in Askins v. NYC, the Second Circuit explained the relationship between the liability of individual police officers, on the one hand, and that of a municipality (such as the City of New York), on the other. Specifically, it held that the dismissal of claims against individual police officers on qualified immunity and statute of […]

The Second Circuit recently held, in Stansbury v. Wertman, that when evaluating the existence of probable cause in the context of false arrest and malicious prosecution claims, the evidence must be evaluated as a whole, and not item-by-item. In Stansbury, the plaintiff sued under 42 U.S.C. 1983, alleging false arrest and malicious prosecution following her acquittal of shoplifting charges. Defendant […]

The Second Circuit yesterday, in Swartz v. Insogna, vacated a summary judgment dismissing the plaintiff’s claims allegedly arising from giving police the middle finger.  (This is not the first time we have chronicled middle finger-inspired litigation.)  In its first footnote, the court briefly summarized the history of “giving the finger”, citing a case and a law review article discussing […]

Last week, plaintiff Robert Bell filed a complaint (see below) against NYPD officers and the City of New York following his arrest for – any guesses, given the graphic? – giving cops the finger.  Plaintiff brought his claims under 42 U.S.C. §1983, Monell, the New York constitution, and New York common law.  Mr. Bell was […]

Below is the response filed by Dominique Strauss-Kahn this week in the lawsuit brought against him by Nafissatou Diallo. Defendant’s counterclaims – that is, his affirmative claims against Ms. Nafissatou – begin on page 8.  Specifically, his counterclaim is for damages arising from Ms. Diallo “knowingly and intentionally making a false report to law enforcement […]