Second Circuit — Malicious Prosecution: Marshall v. Randall

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U.S. Court of Appeals for the Second Circuit

Malicious Prosecution

Grand Jury Testimony — Jury Instructions

Marshall v. Randall
12-2479-cv
Judges Walker, Lynch and Carney

Background: The defendants appealed from a judgment finding them liable for false arrest, malicious prosecution, and violation of the plaintiff’s right to a fair trial. The defendants were ordered to pay damages of $95,000 each. On appeal the defendants argued that the use of their grand jury testimony was improper; that the failure to instruct the jury that the plaintiff’s criminal case did not end in an acquittal; and the exclusion from the trial that the defendant had stopped the plaintiff based upon recognition evidence.

Ruling: The Second Circuit affirmed. The court found that the use of grand jury testimony was properly admitted for impeachment purposes and was not used as a basis for liability. Also, the jury instruction at issue was not problematic as an underlying acquittal was not a necessary prerequisite for a malicious prosecution charge. Finally, the court had provided a curative instruction to the jury once the plaintiff opened the door concerning the illegal stop at issue.

Jon L. Norinsberg for the plaintiff-appellee; Avshalom Yotam, corporation counsel, for the defendants-appellants