665 F. App'x 9
2d Cir.2016Background
- Allen was arrested after an alleged unlawful stop/search on June 22, 2007; a weapon and loose ammunition were found in his car.
- Allen was indicted, convicted, and later had his conviction vacated by the state appellate division; he filed suit in November 2012 (third amended complaint).
- Defendants included State actors, county employees, the Dutchess County Public Defender’s Office, and attorney Del Atwell; claims included § 1983/§ 1985 federal claims, state constitutional and state-law torts, conspiracy, legal malpractice, and negligence.
- The district court dismissed most defendants for failure to state claims or as time-barred, granted summary judgment for Atwell, and dismissed state-law claims for failure to comply with notice-of-claim requirements; Allen appealed.
- The Second Circuit affirmed: most federal and state tort claims were time-barred or insufficiently pleaded (including malicious prosecution, abuse of process, Monell, conspiracy, and malpractice), and Atwell was absolved by an intervening cause (county clerk’s failure to notify DOCS).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual/statute of limitations for federal § 1983/§ 1985 claims | Allen: claims did not accrue until his conviction was vacated (Aug 2012), so suit filed within 3 years | Defendants: accrual occurred when injuries occurred/known (2007 arrest/arraignment; release 2010) | Accrual at time of arrest/arraignment or release; most federal claims time-barred |
| Malicious prosecution & abuse of process (federal/state) | Allen: prosecution and process were wrongful despite indictment | Defendants: grand jury indictment creates presumption of probable cause; no pleaded facts showing fraud/bad faith or improper collateral purpose | Dismissed: probable cause presumed from indictment; abuse of process insufficiently pleaded |
| Monell/County liability & conspiracy (§ 1985) | Allen: county policy/custom and conspiracy by county actors caused unlawful confinement | Defendants: allegations are conclusory; plaintiff fails to show municipal policy or meeting-of-minds | Dismissed: no plausible municipal policy/custom alleged; conspiracy claims conclusory |
| Legal malpractice against private and public defenders (including Atwell) | Allen: counsel malpractice caused extended imprisonment; malpractice accrual tied to vacatur | Defendants: malpractice accrues at indictment dismissal; intervening acts (county clerk’s failure to notify DOCS) broke causation; notice-of-claim untimely | Malpractice claims untimely or barred by notice-of-claim rules; summary judgment for Atwell due to intervening cause (county clerk) |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading must state a plausible claim)
- Wallace v. Kato, 549 U.S. 384 (accrual rule for § 1983 claims when cause is complete)
- Manganiello v. City of New York, 612 F.3d 149 (grand jury indictment creates presumption of probable cause in malicious prosecution)
- Savino v. City of New York, 331 F.3d 63 (abuse of process requires improper collateral purpose)
- McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184 (standard of review for Rule 12(b)(6))
- Milan v. Wertheimer, 808 F.3d 961 (statute of limitations for § 1983/§ 1985 claims in Second Circuit)
- Vippolis v. Village of Haverstraw, 768 F.2d 40 (elements of municipal liability/Monell claim)
- Britt v. Legal Aid Soc’y, 95 N.Y.2d 443 (malpractice accrual in criminal-defense context)