United States District Court, E.D. New York
Leroy Peoples, Plaintiff, Pro se, Otisville, NY.
For City of New York, Eric C. Rosenbaum, New York City Police Department, Defendants: Alison G. Moe, Matthew Bridge, LEAD ATTORNEYS, New York City Law Department, New York, NY.
For Linda S. Povman, Defendant: Thomas F.X. Dunn, New York, NY.
AMENDED MEMORANDUM, ORDER & JUDGMENT
Jack B. Weinstein, Senior United States District Judge.
Plaintiff pled guilty to two counts of rape in the first degree in January 2005. See Decl. of Alison G. Moe in Supp. of Def.'s Mot. for Summ. J., Ex. B., Certificate of Disposition Indictment, June 30, 2014, ECF No. 23. He confessed to committing the offenses in 1998 and 2003. He was resentenced in August 2005. Id.
Proceeding pro se, plaintiff now brings an action under 42 U.S.C. § 1983 against Assistant District Attorney Eric C. Rosenbaum for malicious prosecution.
In oral argument, plaintiff also stated a claim for forced unlawful extradition against the defendant. See Hr'g Tr., Oct. 20, 2014. Plaintiff's complaint is amended to include this claim.
Defendant Rosenbaum moves for summary judgment on both claims.
Against his former attorney, Linda S. Povman, he claims malpractice for advising him to plea to a " stale-time barred offense" and for pleading to an offense for which he was acquitted. Defendant Povman moves for summary judgment.
Plaintiff withdrew his claims against The City of New York, The New York City Police Department and Detective Steven J. Dorn. See Hr'g Tr., Oct. 20, 2014.
Summary judgment is granted on all claims.
II. Defendant Rosenbaum Is Entitled To ...