Wilson v. City of New York, 480 F. App'x 592

Wilson was charged in a Times Square arcade shooting with multiple victims and injuries.
Wilson was detained for about two and a half years before charges were dropped and he was released.
Wilson sued the City of New York and officers for false arrest, recklessness, malicious prosecution, and state constitutional violations.
The district court denied summary judgment on false arrest and other claims, which were later settled.
On appeal, the court reviews summary judgment de novo and concentrates on pre-arraignment detention, pre-trial detention, and malicious prosecution claims.
The court addresses whether Wilson waived pre-arraignment detention claims and whether defendants violated due process or committed malicious prosecution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of pre-arraignment detention claim	Wilson asserts excessive pre-arraignment detention violated rights.	No explicit excessive detention claim in complaint; district court properly construed as waived.	Waived claim for excessive pre-arraignment detention.
Due-process limits on pre-trial detention	Prolonged pre-trial detention violated due process.	Any remedy lies in bail decisions; police cannot alone render liability when prosecutors/judges intervene.	No §1983 liability for prolonged pre-trial detention given control by prosecutors/judges and lack of police misdirection.
Malicious prosecution—probable cause standard	Probable cause dissipated over time as new evidence emerged, undermining indictment.	Probable cause presumed by grand-jury indictment; post-indictment evidence does not defeat liability here.	Probable cause presumption sustained; no liability shown due to who controlled the case post-indictment.

Riverside County v. McLaughlin, 500 U.S. 44 (1991) (excessive pre-arraignment detention and probable-cause considerations in speedy-arraignment context)
United States v. Millan, 4 F.3d 1038 (2d Cir. 1993) (excessively prolonged pre-trial detention may raise due process concerns but related to bail/conditions)
United States v. Salerno, 481 U.S. 739 (1987) (due process limits on pretrail detention and bail considerations)
Townes v. City of New York, 176 F.3d 138 (2d Cir. 1999) (causal chain and liability framework for pre-trial detention; intervening decisions matter)
Russo v. City of Bridgeport, 479 F.3d 196 (2d Cir. 2007) (exculpatory evidence and prolonged detention; police failure to disclose evidence can create liability)
Boyd v. City of New York, 336 F.3d 72 (2d Cir. 2003) (presumption of probable cause from grand-jury indictment; overcoming requires bad faith or fraud)
McClellan v. Smith, 439 F.3d 137 (2d Cir. 2006) (malicious prosecution elements and standards of proof)
Droz v. McCadden, 580 F.3d 106 (2d Cir. 2009) (malicious prosecution elements; four-part test for actionable claims)