United States Second Circuit

Dismissal of plaintiff's Second Amended Complaint alleging malicious prosecution, abuse of process, deprivation of plaintiff's right to a fair trial, and deprivation of, and conspiracy to deprive plaintiff of, his constitutional rights on account of his race and color, is affirmed, where: 1) the allegation of cooperation between the NYPD and the DEA Special Agent supports no inference that DEA Special Agent acted with an improper motive, and is not enough to subject him to liability under 42 U.S.C. section 1983 for civil conspiracy; 2) the DEA Special Agent is entitled to absolute immunity from Bivens liability for his grand jury testimony; 3) the district court correctly held that plaintiff failed to state a claim for abuse of process as to either the individual NYPD defendants or the DEA Special Agent; 4) the district court did not err in dismissing plaintiff's claim of malicious prosecution; and 5) plaintiff failed to plead facts showing that defendants acted with discriminatory animus, as required to state a claim under 42 U.S.C. section 1981 or 42 U.S.C. section 1985.

Appellate Information

• Decided 05/16/2014
• Published 05/16/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel