Thompson v. The City of New York et al
| Larry Thompson |
| Police Officer Pagiel Clark, Police Officers John/Jane Does 1-10 and The City of New York |
| 1:2014cv07349 |
| December 17, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Robert M. Levy |
| Sandra L. Townes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
172
ORDER: For the reasons set forth in the accompanying order, the Court GRANTS Defendant Clark's motion for summary judgment dismissing Plaintiff's sole remaining claim for malicious prosecution in violation of 42 U.S.C. § 1983. See< /i> ECF No. 163 . The Clerk of Court is respectfully directed to enter judgment in favor of Defendants based on a combination of this order and the jury's prior verdict in favor of the remaining Defendants, see ECF No. 137 , and to close this case. Ordered by Judge Hector Gonzalez on 5/18/2023. (BH)
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Filing
144
MEMORANDUM AND ORDER. A. Exigent Circumstances Burden: The general rule in civil cases--predicated on sound constitutional policy--should place the burden on police officers to prove, by a preponderance of the evidence, exigent circumstances justi fying a warrantless entry. Placing the burden of persuasion on the civilian plaintiff is a repeated injustice that should stop now. B. Malicious Prosecution: Plaintiff's malicious prosecution claim should be treated as if it was on the merits- i.e., the defendant was not guilty. An ambiguous state dismissal should be accepted as being based on non-guilt, in part because of the assumption of innocence before conviction. Ordered by Judge Jack B. Weinstein on 3/12/2019. (Barrett, C)
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Filing
141
AMENDED ORDER denying costs and fees. Ordered by Judge Jack B. Weinstein on 2/12/2019. (Barrett, C)
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Filing
77
AMENDED MEMORANDUM & ORDER denying 56 Motion for Summary Judgment; granting in part and denying in part 58 Motion for Summary Judgment. Trial shall be held on 12/10/2018, in courtroom 10B South at 2:00 p.m. A jury will be selected that morning by a magistrate judge. An in limine hearing will be held on 12/3/2018, at 10:30 a.m. Pre-Trial Submissions are due by 11/26/2018. Ordered by Judge Jack B. Weinstein on 6/26/2018. (Barrett, C)
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