Ramashwar v. City of New York
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Tikapersaud Ramashwar appeals from the January 6, 2006 judgment of the United States District Court for the Southern District of New York (Peck, M.J.), granting defendantsappellees’ motions for summary judgment on plaintiffs malicious prosecution claim under 42 U.S.C. § 1983. We assume the parties’ familiarity with the facts of this case, its relevant procedural history, and the issues on appeal.
Reviewing the summary judgment determination de novo, see Savino v. City of New York, 331 F.3d 63, 71 (2d Cir. 2003), and “construing the facts in the light most favorable to the nonmoving party,” Tocker v. Philip Morris Cos., Inc., 470 F.3d 481, 486 (2d Cir. 2006), we find no error in the district court’s determination that plaintiff could not overcome the presumption of probable cause created by plaintiffs indictment. While we agree that Ramashwar has raised some questions of fact, these facts would merely “tend[] to show the absence of probable cause.” Colon v. City of New York, 60 N.Y.2d 78, 83, 468 N.Y.S.2d 453, 455 N.E.2d 1248 (1983). The New York Court of Appeals has explicitly held that more is required: “If [a] plaintiff is to succeed in his malicious prosecution action after he has been indicted, he must establish that the indictment was produced by fraud, perjury, the suppression of evidence, or other police conduct undertaken in bad faith.” Id. Ramashwar has not offered sufficient evidence to permit a reasonable factfinder to resolve this issue in his favor. The district court’s grant of summary judgment was therefore appropriate.
We also find that because Federal Rule of Civil Procedure “6(b)(1) gives the court
For the reasons stated herein, we affirm the judgment of the district court.
Reference
- Full Case Name
- Tikapersaud RAMASHWAR v. The CITY OF NEW YORK, Police Officer Otto Espinosa and Police Officer Vincent Finnegan
- Cited By
- 12 cases
- Status
- Published