United States Second Circuit

In a suit alleging malicious prosecution, brought pursuant to 42 U.S.C. section 1983 and state law following plaintiff's conviction, retrial, and acquittal of charges of rape and murder, the district court's dismissal of all claims is affirmed where: 1) plaintiff was not prejudiced by a joint trial, at which evidence was admitted that plaintiff contends would have been inadmissible at a trial of his claims alone; and 2) the district court did not err in denying plaintiff's motion for a new trial because of procedural and evidentiary errors at the joint trial.

Appellate Information

• Decided 05/14/2015
• Published 05/14/2015

Judges

• KEARSE

Court

• United States Second Circuit

Counsel