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WDNY – False Arrest: Taylor v. Fischer, et al.

By: Daily Record Staff//January 31, 2012

WDNY – False Arrest: Taylor v. Fischer, et al.

By: Daily Record Staff//January 31, 2012

U.S. District Court, WDNY

False Arrest

Malicious Prosecution — Summary Judgment

Taylor v. Fischer, et al.
Judge Larimer

Background: The pro se plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, sued eight employees of DOCCS. The plaintiff alleged that he was falsely imprisoned, suffered emotional distress and that the defendants were negligently trained and supervised. The allegations arise from an incident where the plaintiff was escorted out of the mess hall and charged with making a threat. The plaintiff was found not guilty after a hearing, but he had spent several days in the special housing unit prior to the administrative finding. The defendants moved for summary judgment.

Ruling: The court dismissed the plaintiff’s false arrest and malicious prosecution claims as the plaintiff’s incarceration was not impacted by a disciplinary proceeding. Further, he had not alleged that he was engaged in a constitutionally protected activity to support a claim of retaliation. The plaintiff’s claims for emotional distress did not rise to the level of a constitutional violation and were dismissed. As the court found no basis for the plaintiff’s constitutional claims, the court did not consider the defendants’ alleged negligence.

Jesse Taylor, pro se; Hillel David Deutsch of the New York State Office of the Attorney General for the defendants

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