United States Second Circuit

Plaintiffs allege in their amended complaint various acts of intimidation and harassment by defendant New York State Trooper. The district court's order dismissing plaintiff Smith's claim for retaliatory prosecution is affirmed, and dismissing plaintiff Lilly's claim for unlawful seizure is vacated and remanded, where: 1) Smith's claim for retaliatory prosecution, filed more than three years after her claim accrued, is barred by the statute of limitations; 2) the district court improperly dismissed Lilly's claim for failing to plead the claim as arising under 42 U.S.C. section 1983, and because it found that dismissal was appropriate, the district court did not resolve the issue of whether Lilly had otherwise plausibly alleged sufficient facts to support a claim for constructive seizure; and 3) because plaintiffs did not object to the magistrate judge's report and recommendations as to the intentional infliction of emotion distress and peaceable assembly claims, those claims are deemed waived.

Appellate Information

• Decided 04/01/2015
• Published 04/01/2015

Judges

• Hall

Court

• United States Second Circuit

Counsel