Perez v. Duran
962 F. Supp. 2d 533
S.D.N.Y.2013Background
- Arrest of Perez on Feb 12, 2011 in the Bronx for criminal sale of a controlled substance; Duran claims to have observed a drug exchange, plaintiff denies any such exchange.
- Two versions of events exist: plaintiff says handshake with his father occurred; Duran contends he observed a drug-transaction exchange and saw Perez Sr. flee.
- Property seizure: officers searched Perez and seized cash; Duran later filed arrest paperwork forwarded to the DA.
- Arraignment occurred Feb 14, 2011; Perez released on own recognizance with travel restrictions; multiple court appearances followed.
- May 18, 2011: prosecutors dismiss the charges; Aug 3, 2011: Perez sues City and Officer Duran under 42 U.S.C. § 1983; Duran moves for summary judgment, which the court partially denies.
- The court’s decision at issue in this motion is whether there was probable cause for arrest, whether malicious prosecution and denial of a fair trial claims survive, and whether qualified immunity applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest | Perez lacked probable cause | Duran observed conduct supporting probable cause | Probable cause lacking; summary judgment denied for false arrest |
| Malicious prosecution elements | Lack of probable cause and malice supported | Evidence supports probable cause, no malice | Genuine issues of material fact remain; malicious prosecution claim survives |
| Right to a fair trial denial | False information forwarded to prosecutors violated fair trial rights | Insufficient evidence of false information or causal link | Genuine issues of material fact; denial of fair trial claim survives |
| Qualified immunity | Rights clearly established; denial warranted | Officer could be entitled to qualified immunity on disputed facts | Qualified immunity denied; facts viewed in plaintiff’s favor show unreasonableness at summary judgment |
| Overall disposition | N/A | N/A | Motion denied as to all non-immunity claims; remaining questions for trial |
Key Cases Cited
- Weyant v. Okst, 101 F.3d 845 (2d Cir.1996) (probable cause standard for false arrest; deviations viewed against objective reasonableness)
- Murphy v. Lynn, 118 F.3d 938 (2d Cir.1997) (malicious-prosecution seizure element and post-arraignment liberty restraints)
- Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 129 (2d Cir.1997) (false information to prosecutors violating right to a fair trial)
- Burg v. Gosselin, 591 F.3d 95 (2d Cir.2010) (pre-arraignment non-felony summons and seizure standards; distinguishing from felony context)
- Swartz v. Insogna, 704 F.3d 105 (2d Cir.2013) (seizure element and post-arraignment restraints in malicious-prosecution context)