Torres v. Jones

In 2003, Plaintiff was charged with two counts of murder in the second degree. In 2007, Supreme Court dismissed the charges. Plaintiff subsequently commenced two civil rights actions by filing complaints against the City of New York, the New York City Police Department (NYPD), and several police officers involved in the investigation of the murder. After discovery, Defendants moved for summary judgment dismissing the complaints in both actions. Supreme Court granted summary judgment to (1) the individual defendants on Plaintiff’s false arrest and malicious prosecution claims under New York common law and 42 U.S.C. 1983, and (2) the City and NYPD on Plaintiff’s claims under 42 U.S.C. 1983. The Appellate Division affirmed. The Court of Appeals affirmed as modified, holding (1) the lower courts improperly granted summary judgment to the individual defendants on Plaintiff’s false arrest and malicious prosecution claims; and (2) although Plaintiff maintained triable state law claims against the City and NYPD, the courts below properly granted summary judgment to those governmental entities on Plaintiff’s claims under 42 U.S.C. 1983. View "Torres v. Jones" on Justia Law