Document Type
Article
Publication Date
7-19-1990
Abstract
Plaintiff-appellant Christopher C. Day appeals from a judgment of the United States District Court for the Southern District of New York (Duffy, J.) dated October 30, 1989, dismissing his complaint for failure to state a claim upon which relief may be granted, see Fed.R.Civ.P. 12(b)(6), and from a December 13 order of that court denying leave to file an amended complaint, see Fed.R.Civ.P. 15(a). Day alleged in his initial complaint that defendants-appellees, acting under color of state law, deprived him of his constitutional rights in violation of 42 U.S.C. § 1983 (1982) when they arrested, searched, detained and prosecuted him on a charge of criminal trespass.
On appeal, Day contends that the district court erred in dismissing the claims against defendants-appellees John W. Moscow and Joseph B. Murray. He also contends that the district court abused its discretion in denying his post-judgment motion for leave to file an amended complaint amplifying his claims against Moscow and Murray. Day does not address the claims pleaded against the other defendants, and we therefore have no reason to do so. See Kletschka v. Driver, 411 F.2d 436, 446-47 (2d Cir.1969); Fed.R.App.P. 28(a)(4).
For the reasons that follow, we affirm the dismissal of the claim of malicious prosecution against Moscow, reverse the dismissal of the claims of false arrest and illegal search and seizure against Moscow and Murray, and remand the case for further proceedings consistent with this opinion.
Recommended Citation
Miner '56, Roger J., "Day v. Morgenthau, 909 F. 2d 75 - Court of Appeals, 2nd Circuit 1990" (1990). Circuit Court Opinions. 293.
https://digitalcommons.nyls.edu/circuit_opinions/293
Comments
909 F.2d 75 (1990)
Christopher C. DAY, Ph.D., Plaintiff-Appellant,
v.
Robert M. MORGENTHAU, in his official capacity as District Attorney for the County of New York, John W. Moscow, Individually and in his official capacity as Assistant District Attorney for the County of New York, Hon. Edward McLaughlin, Individually and in his official capacity as Judge of the Criminal Court of the City of New York, Joseph B. Murray, Individually and in his official capacity as Senior Court Officer, "Jane Doe" Marshall, individually and in her official capacity as an officer of the New York City Department of Correction, Richard Koehler, in his official capacity as Commissioner of the New York City Department of Correction, Defendants-Appellees.
No. 1237, Docket 90-7040. United States Court of Appeals, Second Circuit.
Argued May 31, 1990.
Decided July 19, 1990. As Amended on Grant of Rehearing August 29, 1990.
New York Law School location: File #998, Box #125