488 F.Supp.3d 58
S.D.N.Y.2020Background
- On Aug. 13, 2011 Minus was arrested and found in possession of two twist bags of crack cocaine; he was charged and later indicted for criminal possession in the third degree.
- A jury convicted Minus on Dec. 16, 2011; the Appellate Division vacated the conviction on appeal (trial error) and remanded for a new trial.
- After remand, the prosecution was dismissed on speedy-trial grounds on Sept. 8, 2016 because the ADA could not secure the attendance of key (retired/relocated) officers for retrial.
- Minus sued under 42 U.S.C. § 1983 alleging malicious prosecution and related claims against Detective Jason Miller and the City; he filed a prior suit that was adjudicated in part.
- Defendants moved for summary judgment; Minus (pro se) failed to file any opposition or a Local Rule 56.1 response. The Court reviewed defendants’ evidentiary record and granted summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Favorable termination (element of §1983 malicious prosecution) | Vacatur + dismissal on CPL §30.30 shows termination in Minus's favor | Speedy-trial dismissal (and vacatur for trial error) does not affirmatively indicate innocence here | Court: Dismissal on speedy-trial grounds did not affirmatively indicate innocence under Lanning; element not met |
| Probable cause | Police/ADA misconduct led to baseless prosecution | Grand jury indictment creates presumption of probable cause; plaintiff presented no evidence to rebut it | Court: Presumption of probable cause unrebutted; plaintiff failed to show fraud/perjury/suppression/bad faith |
| Actual malice | Miller acted with malice in procuring the prosecution | No evidence of malice; plaintiff produced nothing in opposition | Court: No admissible evidence of actual malice; independent basis for judgment for defendants |
| Qualified immunity / municipal liability | Claims against Miller and City should proceed | Defendants invoked defenses | Court: Did not reach qualified immunity or municipal liability because plaintiff failed on primary elements |
Key Cases Cited
- Lanning v. City of Glens Falls, 908 F.3d 19 (2d Cir. 2018) (requires an affirmative indication of innocence for a §1983 malicious-prosecution favorable termination)
- Dettelis v. Sharbaugh, 919 F.3d 161 (2d Cir. 2019) (malicious prosecution under §1983 requires Fourth Amendment violation plus state-law elements)
- Murphy v. Lynn, 118 F.3d 938 (2d Cir. 1997) (discusses speedy-trial dismissals as favorable under New York law)
- Smith-Hunter v. Harvey, 95 N.Y.2d 191 (N.Y. 2000) (New York Court of Appeals treating some speedy-trial dismissals as favorable terminations)
- Manganiello v. City of New York, 612 F.3d 149 (2d Cir. 2010) (probable cause is a complete defense to malicious prosecution)
- Savino v. City of New York, 331 F.3d 63 (2d Cir. 2003) (indictment presumes probable cause; rebuttal requires proof of grand jury misconduct)
- Rothstein v. Carriere, 373 F.3d 275 (2d Cir. 2004) (discusses burden to rebut grand jury presumption of probable cause)