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)

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FILED IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK * Aiir n c inn AU6 2 5 2017 * X 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

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