United States Second Circuit

Dismissal of an action seeking damages under 42 U.S.C. section 1983 arising from plaintiff's arrest based on allegedly false accusations made by a complaining victim is affirmed, where: 1) because arguable probable cause existed to arrest plaintiff, his claims for false arrest, false imprisonment, abuse of process, and malicious prosecution were properly dismissed; 2) plaintiff's claim for denial of his right to a fair trial was properly dismissed because he failed to meet the required pleading standards; and 3) plaintiff's claims against defendant‐complaining victim were properly dismissed because she did not act under the color of state law.

Appellate Information

• Decided 05/02/2014
• Published 05/02/2014

Judges

• WALKER

Court

• United States Second Circuit

Counsel