504 F.Supp.3d 200
W.D.N.Y.2020Background
- Thompson sued four New York State troopers, a former assistant district attorney (ADA Todd Casella), and two private witnesses (Patrick and Shawn Mosko) under § 1983, alleging a multi-year conspiracy and retaliation after Thompson filed civilian complaints against Trooper Kline.
- Two central incidents: (1) a March 27, 2015 traffic stop by Trooper Kline that led to a criminal prosecution for offering a false instrument (related to Thompson’s April 10, 2015 sworn statement); (2) a February 26, 2017 domestic incident in which Trooper Collings arrested Thompson for third‑degree assault after the victim (Stacey Taber) was found bloodied and taken to the hospital.
- The assault charge was later dismissed by the state court for facial insufficiency of the accusatory instrument; Thompson argues it was effectively dismissed on speedy‑trial grounds (not pleaded in the complaint).
- For the false‑instrument matter, Thompson was indicted twice and later acquitted by a jury after trial; he alleges the Moskos conspired with ADA Casella to give false trial testimony.
- Defendants moved to dismiss (Troopers Collings, Kline, McDarby, Roe), for judgment on the pleadings (Moskos; ADA Casella). The court granted all motions and dismissed Thompson’s complaint in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False imprisonment re: Collings’ arrest (Feb. 26, 2017) | Thompson: arrest lacked probable cause and was retaliatory | Collings: had probable cause based on victim report, visible injuries, Thompson’s admission; alternatively qualified immunity | Dismissed — probable cause existed; Collings also entitled to qualified immunity |
| Malicious prosecution — Assault charge | Thompson: prosecution was baseless and motivated by retaliation | Defendants: plaintiff cannot show the proceeding terminated in his favor; dismissal for facial insufficiency is not a favorable termination | Dismissed — failure to plead favorable termination indicating innocence |
| Malicious prosecution — False Instrument charge | Thompson: indictments were wrongful and lacked probable cause | Defendants: two grand‑jury indictments create a presumption of probable cause; no allegations of grand‑jury misconduct to rebut it | Dismissed — presumption of probable cause unrebutted; acquittal at trial does not overcome presumption |
| Conspiracy re: Moskos’ testimony | Thompson: pretrial meeting with ADA shows agreement to give false testimony | Moskos/ADA: pretrial meetings are routine; testimony at trial is absolutely immune; pleading is conclusory and fails heightened standard | Dismissed — witness absolute immunity for testimony; conspiracy allegations too vague to survive dismissal |
| Prosecutor immunity re: ADA Casella | Thompson: Casella conspired and advised arrest; liable for role | Casella: entitled to absolute immunity for advocacy/trial‑related acts and qualified immunity for investigatory/advisory conduct | Dismissed — absolute immunity for trial‑related allegations; qualified immunity for advisory call about arrest; claims against Casella fail |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard; plausibility required)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (requires factual matter to make claims plausible)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Manganiello v. City of New York, 612 F.3d 149 (elements of § 1983 malicious prosecution and state‑law requirements)
- Curley v. Vill. of Suffern, 268 F.3d 65 (probable cause when victim/eyewitness reports and observable injury)
- Weyant v. Okst, 101 F.3d 845 (probable cause is complete defense to false arrest)
- Dory v. Ryan, 25 F.3d 81 (absolute immunity protects prosecutors for acts as advocates, including alleged presentation of false evidence)
- San Filippo v. U.S. Co. of New York, Inc., 737 F.2d 246 (courts must scrutinize conspiracy claims against prosecutors/witnesses; routine meetings with prosecutors are not suspicious)
- Rothstein v. Carriere, 373 F.3d 275 (grand jury indictments create presumption of probable cause)
- Garcia v. Does, 779 F.3d 84 (arguable probable cause for qualified immunity analysis)