Giscombe v. City of New York et al

Filing 44

MEMORANDUM AND ORDER: motion for partial summary judgment is granted. Pretrial Conference set for 11/8/2017 at 11:00 AM. Jury Selection will begin on March 19, 2018. SO Ordered by Judge Raymond J. Dearie on 8/24/2017. (Ramesar, Thameera)

FILED
IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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Aiir n c inn
AU6 2 5 2017

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DWAYNE GISCOMBE,

BROOKLYN OFFICE
Plaintiff,

- against -

15 CV 4454(RJD)
(RML)

CITY OF NEW YORK,NYPD DETECTIVE
DAVID MARCONI,NYPD UNDERCOVER
OFFICER #UC0063,NYPD UNDERCOVER
OFFICER #UC0249,
Defendants.

MEMORANDUM AND ORDER

DEARIE,District Judge

The defendants seek summary judgment in favor of defendants Detective David Marconi
and Undercover Officer UC0249. Familiarity with the facts, allegations, asserted defenses and
controlling law is assumed.

The motion is granted and the claims against Detective Marconi and UC0249 are

dismissed with prejudice. The undisputed facts make clear that Detective Marconi and UC0249
had probable cause to arrest plaintiff. The absence of contraband or buy money on plaintiffs

person does not impact the analysis. While it likely influenced the outcome ofthe underlying
criminal case, it does not impact the Fourth Amendment analysis or otherwise undermine the
appropriateness of the actions taken by Detective Marconi and UC0249.
A pretrial conference will be held before the undersigned on November 8, 2017 at
11:00am. Jury selection and trial will begin on March 19, 2018.

The motion for partial summary judgment is granted.
SO ORDERED.

Dated: Brooklyn, New York

August.^2017

s/ RJD
RAmOMD1 DEARIE

United StatesHbistrict Judge