United States Second Circuit

In case alleging false arrest, malicious prosecution, and state law claims, summary judgment for defendants is vacated as to those parts dismissing plaintiff's pre-lineup false arrest claim and his state law false arrest claim against defendant city where: 1) plaintiff's alleged flight from police was a disputed issue of fact; 2) there was no evidence connecting him to the crime; and 3) the court dismissed the state law false arrest claims against defendant city without explanation.

Appellate Information

• Decided 02/06/2007
• Published 02/08/2007

Judges

• WESLEY, Circuit Judge., Before:  CALABRESI, WESLEY, Circuit Judges, OBERDORFER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert G. Androsiglio, Radna & Androsiglio, LLP, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y. (Pamela S. Dolgow, Sheryl Bruzzese, Fay Ng, on brief), for Defendants-Appellees.