Firm News

SG Obtains Voluntary Discontinuance in 42 U.S.C. 1983 Action Against Police Officers

Louis U. Gasparini and Michael G. Del Vecchio recently obtained a voluntary discontinuance of a 42 U.S.C. 1983 action against our police officer clients in the United States District Court for the Southern District of New York.

Plaintiff was arrested in 2020 and accused of certain sexual offenses. Within a few weeks, his victim recanted and admitted to fabricating her claims. As a result, the criminal charges against the plaintiff were dismissed and sealed. He then sued the investigating officers asserting various claims under both state and federal law. After the District Judge dismissed the vast majority of claims on our pre-answer motion to dismiss, all that remained were claims for false arrest, malicious prosecution, fabrication of evidence, and punitive treatment during post arrest confinement.

During the course of discovery on those claims, it was established that no evidence was fabricated, and that the named officers had probable cause to arrest, which precluded plaintiff’s claims. It was also determined that there was no punitive treatment during post arrest confinement. Shortly after plaintiff’s deposition, plaintiff agreed to withdraw the balance of his claims with prejudice.

-Michael G. Delvecchio, Louis U. Gasparini

Fri May 10 2024, 7:18am