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Smith v. The City of New York

United States District Court, Second Circuit

November 6, 2013

MARK SMITH, Plaintiff,
v.
THE CITY OF NEW YORK and OFFICER DAVID LOCURTO, Defendants.

OPINION AND ORDER

KATHERINE POLK FAILLA, District Judge.

On June 20, 2012, Plaintiff, pro se, initiated this action under 42 U.S.C. ยง 1983, alleging claims of false arrest and malicious prosecution against Defendants Officer David LoCurto and the City of New York in connection with Plaintiff's July 2008 arrest and subsequent prosecution. Defendants now move to dismiss the action for failure to state a claim. For the reasons set forth in the remainder of this Opinion, the motion is granted.

BACKGROUND

In considering this motion, the Court is limited to the facts stated in the Complaint and the documents incorporated by reference therein. Int'l Audiotext Network, Inc. v. Am. Tel. & Tel. Co., 62 F.3d 69, 72 (2d Cir. 1995) (per curiam) ("[T]he complaint is deemed to include any [ ] documents incorporated in it by reference." (quoting Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 47 (2d Cir. 1991))). The Court may also consider matters of which judicial notice may be taken under Fed.R.Evid. 201, including public records such as arrest reports, indictments, and criminal disposition data. Kramer v. Time Warner Inc., 937 F.2d 767, 773-75 (2d Cir. 1991) (holding that the Court may consider matters of which judicial notice may be taken under Fed.R.Evid. 201); see also Awelewa v. New York City, No. 11 Civ. 778 (NRB), 2012 WL 601119, at *2 (S.D.N.Y. Feb. 23, 2012) (judicial notice may be taken of arrest reports, criminal complaints, indictments, and criminal disposition data) (citing Wims v. New York City Police Dep't, No. 10 Civ. 6128 (PKC), 2011 WL 2946369, at *2 (S.D.N.Y. July 20, 2011)). Where the Court takes judicial notice, it does so "in order to determine what statements [the public records] contained... not for the truth of the matters asserted." Roth v. Jennings, 489 F.3d 499, 509 (2d Cir. 2007) (internal quotation marks and emphases omitted) (quoting Kramer, 937 F.3d at 774).

The following facts are taken from Plaintiff's Complaint ("Compl."), Plaintiff's Amended Complaint ("Am. Compl."), and matters of public record of which the Court may permissibly take judicial notice, including the July 16, 2008 arrest report ("Arrest Report"; Nam Decl. Ex. C); the complaint filed on July 16, 2008, in New York County Criminal Court and assigned Docket Number 2008NY052568 ("Criminal Compl."; Nam Decl. Ex. D); and Certificate of Disposition No. 302033 issued by the New York County Criminal Court for Docket Number 2008NY052568 ("Certificate of Disposition"; Nam Decl. Ex. E).

A. The July 16, 2008 Arrest

Plaintiff alleges that on July 16, 2008, at 3:00 p.m., Officer David LoCurto "seized and arrested" Plaintiff for "allegedly violating the tax code." (Am. Compl. 3).

The arrest report from July 16, 2008, states that Officer LoCurto arrested Plaintiff for criminal contempt in the second degree and aggravated harassment in the second degree. (Arrest Report 1).

B. The Criminal Complaint

Plaintiff further alleges that the City of New York "maliciously prosecuted the Plaintiff in an attempt to force a guilty plea to a crime that was not committed" under Docket Number 2008NY052568. (Am. Compl. 3).

On July 16, 2008, at 9:30 p.m., a criminal complaint was filed against Plaintiff in New York County Criminal Court; the complaint was assigned Docket Number 2008NY052568, and was sworn to by Officer LoCurto. (Criminal Compl.). The complaint stated that Officer LoCurto was informed by a complainant that Plaintiff had called the complainant and stated, "I don't care about the order of protection. If you come around your grandfather's house I have people that will kill you. I also know where your job is and I could show up at any time without you knowing." ( Id. ). The complaint further stated that the conduct violated a valid Order of Protection that had been issued in Kings County Criminal Court on June 18, 2008. ( Id. ).

C. The Disposition of the Criminal Case

Plaintiff alleges that the criminal complaint filed against him in Docket No. 2008NY052568 was dismissed, and the records sealed. (Compl. 3).

The Certificate of Disposition states that the proceeding against Plaintiff in Docket No. 2008NY052568 was adjourned on December 15, 2008, and dismissed on ...


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