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Bus monitor sues Hilton school district
A former bus monitor in the Hilton Central School District who says she was treated unfairly by the district after an incident involving two unruly boys is suing the district in federal court. Plaintiff Linda Lagorio had been working in the district for two years before the incident occurred in October 2014 when she was […]
Second Circuit – Malicious Prosecution: Coggins v. Buonora, et al.
U.S. Court of Appeals for the Second Circuit – Malicious Prosecution – Perjury – Absolute and Qualified Immunity Coggins v. Buonora, et al. 13-4635 Judges Cabranes, Wesley and Hall Background: The plaintiff commenced an action against two police officers and their employers alleging that the officers knowingly falsified and omitted material facts from […]
Fourth Department — Malicious Prosecution: Kirchner v. County of Niagara, et al.
Appellate Division, Fourth Department Malicious Prosecution Immunity — Evaluating Evidence vs. Conducting Investigation Kirchner v. County of Niagara, et al. CA 12-02015 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced a malicious prosecution action after he was arrested and indicted for the death of his seven-month-old daughter. The defendants appealed from the d[...]
Second Circuit — Malicious Prosecution: Marshall v. Randall
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 […]
WDNY — Malicious Prosecution: Fox v. County of Yates, et al.
U.S. District Court, WDNY Malicious Prosecution Jury Charge — Disclosure Fox v. County of Yates, et al. 10-cv-6020T Judge Payson Background: The plaintiff commenced an action against the defendant asserting a claim for malicious prosecution and for gender discrimination arising out of her employment as a corrections officer at the Yates County Jail and her alleged […]
Court of Appeals — Malicious Prosecution: Grucci v. Grucci
New York State Court of Appeals Malicious Prosecution Decision to Prosecute — Authenticating an Audiotape Grucci v. Grucci No. 196 Memorandum Background: After the defendant wife sued the plaintiff for divorce, the plaintiff was charged with harassing the defendant. Within a year, the plaintiff was charged with violating that order by making repeated harassing phone […]
Second Circuit — False Arrest — Malicious Prosecution: Ackerson v. City of White Plains, et al.
U.S. Court of Appeals for the Second Circuit False Arrest — Malicious Prosecution Qualified Immunity — Crucial Element of a Crime Ackerson v. City of White Plains, et al. 11-4649-cv Judges Wesley, Chiin and Larimer Background: The plaintiff-appellant had been arrested for third-degree menacing after he approached a woman in her driveway, questioned her about members […]
Fourth Department — Malicious Prosecution: Nichols v. Hack
Appellate Division, Fourth Department Malicious Prosecution Attorney Consultation Defense — Surprise Nichols v. Hack CA 11-01971 Appealed from Supreme Court, Monroe County Background: The plaintiff appealed from a judgment after a jury returned a verdict in favor of the defendant. The plaintiff alleged that the court erred by allowing testimony that the defendant consulted with [&helli[...]
WDNY — Malicious Prosecution — Federal & State Actions: Capo v. County of Steuben, et al.
U.S. District Court, WDNY Malicious Prosecution — Federal & State Actions Notice of Claim — Failure to State a Claim Capo v. County of Steuben, et al. 11-cv-6447-CJS Judge Siragusa Background: The plaintiff alleged that the assistant district attorney began an investigation of the plaintiff and charged him with stalking in the third degree. The plaintiff’s attorney […]
WDNY – False Arrest: Taylor v. Fischer, et al.
U.S. District Court, WDNY False Arrest Malicious Prosecution — Summary Judgment Taylor v. Fischer, et al. 11-cv-6083L 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 […]
WDNY — Malicious Prosecution: Doe v, Selsky, et al.
U.S. District Court, WDNY Malicious Prosecution Inmate in Custody Doe v, Selsky, et al. 08-cv-6199L Judge Larimer Background: The pro se plaintiff commenced an action against the New York State Department of Corrections and Community Supervision alleging that the defendants violated his constitutional rights while he was confined at the Elmira Correctional Facility. Specifically, the plaintiff [&[...]
Malicious Prosecution: Keenan v. Town of Gates, et al.
U.S. District Court, WDNY Malicious Prosecution Probable Cause Keenan v. Town of Gates, et al. 06-cv-6045L Judge Payson Background: The plaintiff brought an action against the town of Gates and its police department for malicious prosecution. The plaintiff was charged with harassment after an incident where he had been accused of making a telephone call to […]
Case Digests
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
- Fourth Department – Out-of-possession landlord: Smith v. Marshall Farms Group, et al.
- Second Circuit – Supervised release: United States v. Francis
- Fourth Department – Court of Claims: Santiago v. State of New York
- Fourth Department – Peremptory challenge: People v. Santiago
- Fourth Department – Negligence: Scime v. Hale Northeastern
Law News
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
- Appeals court cancels fine against Rochester nursing home
- Deal reached to protect reproductive health care rights at Jefferson County jail
- $1.5M settlement reached in fatal shooting by Canandaigua police officer
- Orleans County lawsuit against Genesee County threatens STAMP development
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