McCree v. The City of New York
1:21-cv-02806
E.D.N.YMar 24, 2025Background
- Salima McCree brought a Section 1983 suit on behalf of her family, alleging constitutional violations relating to a neglect proceeding initiated after reports of her children’s absenteeism and poor hygiene at a NYC DOE special education school.
- Allegations stemmed from school staff reports and an ACS investigation which led to neglect proceedings, but the children were never removed from their parents’ custody.
- Plaintiffs claimed school officials fabricated or exaggerated evidence leading to the family being subject to years of ACS supervision and family court proceedings.
- Both parties filed for summary judgment: McCree for malicious prosecution; defendants for dismissal of all claims.
- The main legal claims were malicious prosecution under §1983, conspiracy, due process violations, fair trial, and municipal/supervisory liability.
- The District Court granted summary judgment for defendants, dismissing all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious prosecution under § 1983 | Claims neglect proceeding was baseless, malicious, and violated rights | Proceedings weren't criminal, no Fourth Amendment violation | Dismissed: No seizure/criminal action |
| Conspiracy under § 1983 | Tacit agreement among state actors to pursue charges without cause | No evidence of agreement, no constitutional harm | Dismissed: No evidence of conspiracy |
| Due process (procedural/substantive) | Prolonged ACS supervision, stress and reputational harm constituted deprivation | Children never removed, no actual deprivation or shocking conduct | Dismissed: No actual deprivation shown |
| Fair trial claim | Fabrication of evidence in civil proceeding denied fair trial | Fair trial claims apply to criminal, not civil, proceedings | Dismissed: No deprivation, no due process |
| Monell/municipal liability | Custom or failure to train led to harm | No underlying constitutional violation demonstrated | Dismissed: No constitutional violation |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (parental liberty interest in care/custody of children)
- Lanning v. City of Glens Falls, 908 F.3d 19 (2d Cir. 2018) (malicious prosecution § 1983 requires Fourth Amendment violation and criminal proceeding)
- Manganiello v. City of New York, 612 F.3d 149 (2d Cir. 2010) (elements for malicious prosecution in NY)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (burden-shifting framework for summary judgment)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under §1983 requires policy/custom and constitutional harm)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (standard for summary judgment)
- Southerland v. City of New York, 680 F.3d 127 (2d Cir. 2011) (distinction between procedural and substantive due process in parental rights)