794 Fed.Appx. 140 (2nd Cir. 2020), 19-580-cv, Thompson v. Clark

Docket Nº:19-580-cv
Citation:794 Fed.Appx. 140
Party Name:Larry THOMPSON, Plaintiff-Appellant, v. Police Officer Pagiel CLARK, Shield #28472, Police Officer Paul Montefusco, Shield# 10580 Police Officer Phillip Romano, Shield # 6295 Police Officer Gerard Bouwmans, Shield # 2102, Defendants-Appellees City of New York, Police Officers John and Jane Does 1-10, Police Officer Warren Rodney, Shield # 13744...
Attorney:Appearing for Plaintiff-Appellant: Amir H. Ali, Roderick & Solange MacArthur Justice Center, Washington, D.C. Appearing for Defendants-Appellee: Kevin Osowski, Assistant Corporation Counsel (Devin Slack, Richard Dearing, on the brief), for Georgia M. Pestana, Acting Corporation Counsel of the Cit...
Judge Panel:Present: ROSEMARY S. POOLER, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.
Case Date:February 24, 2020
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 140

794 Fed.Appx. 140 (2nd Cir. 2020)

Larry THOMPSON, Plaintiff-Appellant,

v.

Police Officer Pagiel CLARK, Shield #28472, Police Officer Paul Montefusco, Shield# 10580 Police Officer Phillip Romano, Shield # 6295 Police Officer Gerard Bouwmans, Shield # 2102, Defendants-Appellees

City of New York, Police Officers John and Jane Does 1-10, Police Officer Warren Rodney, Shield # 13744, Sergeant Anthony Bertram, Shield #277, Defendants.

No. 19-580-cv

United States Court of Appeals, Second Circuit

February 24, 2020

Editorial Note:

This case was not selected for publication in the Federal Reporter and Not to be Cited as Precedent. (See Federal Rule of Appellate Procedure Rule 32.1)

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

Appeal from the United States District Court for the Eastern District of New York (Weinstein, J. ).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby is AFFIRMED.

Appearing for Plaintiff-Appellant: Amir H. Ali, Roderick & Solange MacArthur Justice Center, Washington, D.C.

Appearing for Defendants-Appellee: Kevin Osowski, Assistant Corporation Counsel (Devin Slack, Richard Dearing, on the brief), for Georgia M. Pestana, Acting Corporation Counsel of the City of New York, New York City Law Department, New York, N.Y.

Present: ROSEMARY S. POOLER, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.

SUMMARY ORDER

Plaintiff-Appellant Larry Thompson appeals from the February 8, 2019 final judgment entered in the United States District for the Eastern District of New York (Weinstein J .) granting judgment as a matter of law in favor of the defendants pursuant to Rule 50 on Thompson’s 42 U.S.C. § 1983 claim for malicious prosecution due to his failure to establish favorable termination of his criminal case, and entering judgment pursuant to a jury verdict in favor of defendants on Thompson’s other section 1983 claims. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We review de novo a district courts...

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