United States Second Circuit

In a 42 U.S.C. section 1983 action arising out of a defendant-town's inspection of plaintiff's rental property, the district court's order is affirmed as to: 1) the dismissal of plaintiff's First Amendment retaliation claim where a non-criminal Fire Prevention Violation Order was supported by probable cause; 2) the dismissal of plaintiff's abuse-of-process claim on qualified immunity grounds where New York had no clearly established right to freedom from abuse of process where probable cause existed at the time; and 3) the denial of plaintiff's motion to set aside the verdict and for a new trial where the district court's jury instructions were not erroneous.

Appellate Information

• Published 2015/12/22

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• CABRANES

Court

• United States Second Circuit

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