825 F. Supp. 2d 359
E.D.N.Y2011Background
- This is a civil rights action under 42 U.S.C. § 1983 arising from Myers’ arrest and subsequent trial for murder; he was acquitted in 2007.
- Plaintiff sues Nassau County and Hempstead officers for false arrest, malicious prosecution, Fifth Amendment violations, and conspiracy, with pendent state-law claims.
- Investigation leads to arrest in 2006; Nassau and Hempstead detectives collected statements from witnesses and coordinated with prosecutors.
- Myers alleges officers procured false statements and conspired to frame him for the Shelton murder; witnesses had cooperation agreements and varying credibility.
- The court granted summary judgment as to Cereghino on consent and, overall, dismissed all remaining federal claims; state-law claims against municipal defendants were also dismissed.
- Discovery is closed, and the court relied on affidavits, depositions, and trial testimony submitted with the motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest—probable cause analysis | Myers contends lack of probable cause and evidence fabrication. | Defendants had probable cause based on witness statements and investigation. | Probable cause negates false-arrest claim; court grants summary judgment for all defendants. |
| Malicious prosecution | Officer misconduct and fabrication support malicious-prosecution claim. | DA decision to prosecute generally bars officer liability; no fabrication shown. | Summary judgment granted; no admissible evidence shows fabrications or malice by officers. |
| Fifth Amendment (Brady/Miranda) claims | Brady/Miranda violations alleged due to statements and handling of witnesses. | Miranda claims redressable at trial; Brady claim requires suppression of exculpatory evidence. | Brady/Miranda claims dismissed; no evidence of statements used in proceedings; Miranda remedy applies at trial, not §1983 action. |
| Conspiracy to deprive rights | Defendants conspired to obtain false statements and arrest Myers. | No specific overt acts tying defendants to a cognizable conspiracy shown. | Conspiracy claims dismissed for lack of particularized, admissible evidence. |
Key Cases Cited
- Jenkins v. City of New York, 478 F.3d 76 (2d Cir.2007) (false arrest and malicious prosecution standards; probable cause defense)
- Weyant v. Okst, 101 F.3d 845 (2d Cir.1996) (probable cause element and summary judgment considerations)
- Caldarola v. Calabrese, 298 F.3d 156 (2d Cir.2002) (probable cause determination generally legal question when facts are undisputed)
- Ricciuti v. New York City Transit Authority, 124 F.3d 123 (2d Cir.1997) (fabrication of evidence and §1983 liability guidance)
- Jocks v. Tavernier, 316 F.3d 128 (2d Cir.2003) (police liability for fabricating evidence; prosecutor involvement)