Beckwith v. The City of Syracuse et al

Filing 27

MEMORANDUM-DECISION and ORDER - That defendants' motion to dismiss (Dkt. No. 12) is GRANTED IN PART and DENIED IN PART as follows: GRANTED with respect to Beckwith's Section 1983 claims against the City of Syracuse; and DENIED in all other respects. That the parties shall contact Magistrate Judge Therese Wiley Dancks to schedule further proceedings. Signed by Senior Judge Gary L. Sharpe on 11/17/2022. (jel, )

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 1 of 21

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
DAVONNE BECKWITH,
5:21-cv-809
(GLS/TWD)

Plaintiff,
v.
THE CITY OF SYRACUSE et al.,

Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Sivin, Miller & Roche LLP
20 Vesey Street
Suite 1400
New York, NY 10007

EDWARD SIVIN, ESQ.
CLYDE RASTETTER, ESQ.
DAVID ROCHE, ESQ.
GLENN D. MILLER, ESQ.

FOR THE DEFENDANTS:
The City of Syracuse Law Department
233 East Washington Street
300 City Hall
Syracuse, NY 13202

TODD M. LONG, ESQ.

Gary L. Sharpe
Senior District Judge
MEMORANDUM-DECISION AND ORDER
I. Introduction
Plaintiff Davonne Beckwith commenced this action against
defendants the City of Syracuse, Detective Terell Irvine, and Patrol Officer

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 2 of 21

Jacob Breen alleging violations of his right to a fair trial 1 and malicious
prosecution.2 (Am. Compl., Dkt. No. 9.) Pending is defendants’ motion to
dismiss. (Dkt. No. 12.) For the reason that follow, defendants’ motion is
granted in part and denied in part.
II. Background
A.

Facts3
On September 6, 2016, Beckwith was arrested following a traffic stop

initiated by Irvine and Breen. (Am. Compl. ¶¶ 13, 27, 30.) When Irvine and
Breen approached the car driven by Beckwith, Beckwith asked why he was
being stopped. (Id. ¶ 14.) Irvine did not provide a reason for the stop, but,
instead, asked Beckwith whether there were any illegal substances or guns
in the car, which Beckwith denied. (Id.) After Beckwith provided Irvine his
driver’s license and vehicle registration, “Irvine accused Beckwith of lying

1

Beckwith brings his Section 1983 right to fair trial claim pursuant to
the Fifth, Sixth, and Fourteenth Amendments. (Am. Compl., Dkt. No. 9 ¶
51.)
2

Beckwith brings his malicious prosecution claims pursuant to the
Fourth and Fourteenth Amendments and New York state law. (Am.
Compl. ¶ 53.)
3

Consistent with the standard of review, the facts are drawn from
Beckwith’s amended complaint and presented in the light most favorable
to him.
2

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 3 of 21

about not having any contraband in the car, ordered [Beckwith] to exit the
vehicle, and threatened [Beckwith] with physical violence if he did not
comply.” (Id. ¶ 17-18.) When Beckwith refused and began reaching for a
cellphone to record the interaction, “Breen deployed his department-issued
taser, striking [Beckwith] in the chest with the taser’s prongs.” (Id. ¶ 20.)
After tasing Beckwith, Irvine and Breen pulled Beckwith from the car and
on to the ground; they then lifted Beckwith up, and walked him over to their
police vehicle. (Id. ¶ 21.)
Irvine and Breen then “instructed [Beckwith] to place his hands on the
hood of the police vehicle, and Irvine began a pat down search of
[Beckwith]’s person,” which yielded no contraband. (Id. ¶ 22.) Breen then
“conducted a second, more invasive and aggressive pat down search of
[Beckwith]’s person,” which again revealed no contraband. (Id. ¶ 23.) After
the second search, Breen “donned a pair of blue gloves, and commenced a
third even more invasive and aggressive search” during which “Breen stuck
his hands inside [Beckwith]’s pants, felt around the inside of [Beckwith]’s
waist area, and eventually went into [Beckwith]’s private areas . . . ,
manipulat[ed] [Beckwith]’s . . . genitals and slid[] his hand across
[Beckwith]’s perineum and throughout the area around [his] anus.” ( Id. ¶
3

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 4 of 21

24.) Beckwith expressed to Breen that he felt violated and wanted to be
taken to the hospital. (Id. ¶ 25.) At this time, Breen paused his search of
Beckwith, briefly returned to the police vehicle, and, for the third time,
searched Beckwith’s waistband. (Id. ¶ 26.) During the third search, Breen
announced that he had found something in Beckwith’s waistband and then
produced a knotted bag, which field tests “allegedly confirmed” contained
heroin and cocaine. (Id. ¶¶ 26, 27.) Beckwith was then handcuffed and
transported to the Onondaga County Justice Center for booking. (Id. ¶¶
27, 30.) Beckwith was later taken to the hospital after he complained of
pain in the area around his anus, where an examination of Beckwith was
conducted and found two abrasions near his anus.”

(Id. ¶¶ 30.)

“Breen either planted [the bag of contraband] on [Beckwith] . . .
and/or falsely claimed to have discovered th[em] on [Beckwith].” (Id. ¶ 28.)
Additionally, the field tests used on the substances allegedly found on his
person were not legitimate, the tests were manipulated to yield positive
results, or Breen misrepresented the results. (Id. ¶ 29.) Breen and Irvine’s
police reports “falsely represented” that the bag was discovered during the
first pat down and mischaracterized the search of Beckwith “as a single,
benign pat-down search,” omitting any reference to the “invasive search” of
4

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 5 of 21

Beckwith’s private areas. (Id. ¶¶ 31-32.) Irvine and Breen repeated these
same false representations and mischaracterizations to the District
Attorney and in the felony complaints they authored, which charged
Beckwith with criminal possession of a controlled substance. (Id. ¶¶ 3334.)
Based on the “false representations and mischaracterizations from
Breen and Irvine, grand jury proceedings [against Beckwith] were initiated
on . . . September 9, 2016.” (Id. ¶ 35.) Beckwith testified before the grand
jury and denied possessing the substances allegedly found on his person,
and claimed that any illegal substances found on him were planted. ( Id. ¶¶
37.) In his testimony, Beckwith also described the invasive nature of the
search. (Id. ¶ 38.) Irvine and Breen also testified before the grand jury.
(Id. ¶¶ 36, 40.) The District Attorney asked the grand jury to consider a
charge of perjury against Beckwith “based on the discrepancies between
[Beckwith]’s grand jury testimony and the testimony and representations of
Irvine and Breen.” (Id. ¶ 40.) The grand jury indicted Beckwith on two
counts of criminal possession of a controlled substance, resisting arrest,
obstructing governmental administration, and perjury. (Id. ¶ 41.)
Before trial, the two charges of criminal possession of a controlled
5

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 6 of 21

substance were dismissed after laboratory tests revealed the bag
purportedly found on Beckwith did not contain heroin, cocaine, or any other
illicit substance. (Id. ¶ 45.) At the conclusion of the trial, Beckwith was
found guilty of perjury and resisting arrest. 4 (Id. ¶ 46.) Beckwith was
sentenced to two to four years incarceration for the perjury conviction and
one year incarceration for the resisting arrest conviction. ( Id.) “On April 24,
2020, the Appellate Division, Fourth Department, affirmed [Beckwith]’s
conviction for resisting arrest but reversed [his] perjury conviction,”
because the government failed to prove any of his testimony was actually
false and the verdict was against the weight of the evidence. (Id. ¶ 47.)
III. Standard of Review
The standard of review under Fed. R. Civ. P. 12(b)(6) is well settled
and will not be repeated here. For a full discussion of the governing
standard, the court refers the parties to its prior decision in Ellis v. Cohen &
Slamowitz, LLP, 701 F. Supp. 2d 215, 218 (N.D.N.Y. 2010), abrogated on
other grounds by Altman v. J.C. Christensen & Assocs., Inc., 786 F.3d 191
(2d Cir. 2015).

4

The trial court declined to submit the charge of obstructing
governmental administration to the jury. (Am. Compl. ¶ 46.)
6

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 7 of 21

IV. Discussion
A.

Malicious Prosecution
Defendants argue that Beckwith’s claims for malicious prosecution

pursuant to Section 1983 and New York law must be dismissed for two
reasons: (1) defendants did not initiate the perjury charge against
Beckwith, the District Attorney did; (2) Beckwith has failed to allege that his
perjury charge terminated in his favor. (Dkt. No. 12, Attach. 1 at 15-18.)
Beckwith counters that, although it was the District Attorney who asked the
grand jury to consider a charge of perjury, his allegations that “the false
representations and mischaracterizzations Irvine and Breen made in their
paperwork and Felony Complaints concerning the traffic stop and
subsequent search, [as well as] in their statements to the District Attorney,”
are sufficient to assert that defendants initiated the prosecution. (Dkt. No.
17 at 16-18.) Beckwith also asserts that he has adequately pleaded that
his perjury charge terminated in his favor because his perjury conviction
was reversed and vacated, and this constitutes favorable termination. ( Id.
at 18-22.)
For claims of malicious prosecution pursuant to Section 1983 and
7

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 8 of 21

New York law, a plaintiff must allege “(1) the initiation or continuation of a
criminal proceeding against plaintiff; (2) termination of the proceeding in
plaintiff’s favor; (3) lack of probable cause for commencing the proceeding;
and (4) actual malice as a motivation for defendant’s actions.” Manganiello
v. City of New York, 612 F.3d 149, 160-161 (2d Cir. 2010); see SmithHunter v. Harvey, 95 N.Y.2d 191, 195 (N.Y. 2000). To initiate a criminal
proceeding, the defendant must “play[] an active role in the prosecution,
such as giving advice and encouragement or importuning the authorities to
act.” Rohman v. N.Y.C. Transit Auth. (NYCTA), 215 F.3d 208, 217 (2d Cir.
2000) (citation omitted). A defendant can be found to have initiated a
prosecution where he “create[d] false information likely to influence a jury’s
decision and forwards that information to prosecutors.” Ricciuti v. N.Y.C.
Transit Auth., 124 F.3d 123, 130 (2d Cir. 1997). For Section 1983
malicious prosecution claims, “[a] plaintiff need only show that the criminal
prosecution ended without a conviction,” to satisfy the favorable termination
element. Thompson v. Clark, 142 S. Ct. 1332, 1341 (2022). For malicious
prosecution claims under New York law, the dismissal of criminal charges
against the plaintiff can constitute favorable termination as long as it is not
“inconsistent with innocence.” Smith-Hunter, 95 N.Y.2d at 191; Smith v.
8

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 9 of 21

Town of Lewiston, No. 17-CV-959, 2022 WL 3273241, at * 9 (W.D.N.Y.
Aug. 11, 2022). Whether a disposition was inconsistent with innocence is a
case-specific determination that considers the circumstances of the
particular case. See Cantalino v. Danner, 96 N.Y.2d 391, 396 (NY 2001).
Beckwith has adequately alleged malicious prosecution pursuant to
both Section 1983 and New York law. With respect to the initiation of
criminal proceedings, Beckwith plainly alleges that Irvine and Breen made
false representations and mischaracterizations in their police reports and
felony complaints, and repeated these same falsities to the District
Attorney, who, in turn, asked the grand jury to consider a charge of perjury
based on the discrepancies between Beckwith’s testimony and what Breen
and Irvine relayed through their reports, felony complaints, and statements.
(Am. Compl. ¶¶ 31-33, 40.) Thus, Beckwith has pleaded that Irvine and
Breen initiated his prosecution for perjury by allegedly creating false
information about the traffic stop and relaying the same information to the
District Attorney. See Manganiello, 612 F.3d at 163 (finding that a
defendant police officer initiated criminal proceedings against the plaintiff
where there was sufficient evidence to show the officer elicited false
statements from witnesses, forwarded those statements to prosecutors,
9

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 10 of 21

and signed the felony complaint on which the plaintiff was arrested.)
With regards to the favorable termination element, defendants
concede, and the court agrees, that the recent holding in Thompson v.
Clark articulates that a plaintiff asserting a Section 1983 malicious
prosecution claim is not required to demonstrate that their criminal
prosecution ended with some affirmative indication of innocence. (Dkt. No.
24.) Accordingly, the Appellate Division’s reversal of Beckwith’s perjury
conviction constitutes favorable termination for his Section 1983 malicious
prosecution claim. Additionally, Beckwith has alleged favorable termination
under the New York standard. While defendants provide the Appellate
Division’s decision reversing Beckwith’s perjury conviction, (Dkt. No. 12,
Attach. 3), arguing that the language of the decision is not consistent with
innocence, (Dkt. No. 12, Attach. 1 at 16-19), the court cannot consider the
Appellate Division’s decision, “for the truth of the matter asserted” at this
juncture. See Global Network Commc’ns, Inc. v. City of New York, 458
F.3d 150, 157 (2d Cir. 2006) (“[A] court may take judicial notice [of a
judicial opinion], [but] it may do so on a motion to dismiss only to establish
the existence of the opinion, not for the truth of the facts asserted in the
opinion” (internal quotation marks and citation omitted)). Because
10

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 11 of 21

Beckwith’s perjury conviction was reversed and there is nothing contained
in the amended complaint to suggest the perjury reversal was inconsistent
with innocence,5 (see generally Am. Compl), defendants’ motion to dismiss
is denied with respect to Beckwith’s claim for malicious prosecution
pursuant to Section 1983 or state law.
B.

Right to a Fair Trial
Defendants argue that dismissal of Beckwith’s Section 1983 fair trial

claim is proper because it is barred by the Heck doctrine, Heck v.
Humphrey, 512 U.S. 477 (1994). (Dkt. No. 12, Attach.1 at 20-23.)
Specifically, defendants contend that “any challenge to the police reports
and felony complaints authored by Breen and Irvine relative to [Beckwith]’s
conduct [during the traffic stop] would necessarily impugn the resisting
arrest conviction.” (Id. at 22.) Beckwith counters that his fair trial claim
does not impugn his conviction for resisting arrest because his allegations
relate only to Irvine and Breen’s false representations and

5

The amended complaint alleges that the Appellate Division
reversed Beckwith’s perjury conviction because “the People failed to
prove, beyond a reasonable doubt, that any of [plaintiff’s four] allegedly
perjurious statements were actually false” and “the verdict convicting
[plaintiff] of [perjury in the first degree] [wa]s against the weight of the
evidence.” (Am. Compl. ¶ 47.)
11

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 12 of 21

mischaracterizations regarding the invasive nature of the search and illicit
contraband found in Beckwith’s waistband, which have no affect on his
resisting arrest conviction. (Dkt. No. 17, Attach. 1 at 24-27.) Additionally,
Beckwith points to case law from this court, arguing that Heck does not bar
his fair trial claim because his charge of resisting arrest is sufficiently
distinct from his perjury charge. (Id. at 22-23, 26-27 (citing Dukes v. City of
Albany, 289 F. Supp. 3d 387 (N.D.N.Y. 2018).) The court agrees with
Beckwith that Heck does not bar his fair trial claim because Beckwith’s
convictions for perjury and resisting arrest are sufficiently distinct and his
allegations do not call into question his conviction for resisting arrest.
In order to maintain a fair trial claim based on fabrication of evidence,
a plaintiff must show that “an (1) investigating official (2) fabricates
information (3) that is likely to influence a jury’s verdict, (4) forwards that
information to prosecutors, and (5) the plaintiff suffers a deprivation of life,
liberty, or property as a result.” Garnett v. Undercover Officer C0039, 838
F.3d 265, 279 (2d Cir. 2016) (citation omitted).
Where a plaintiff brings a Section 1983 claim and “a judgment in
favor of the plaintiff would necessarily imply the invalidity of his conviction
or sentence . . . the complaint must be dismissed unless the plaintiff can
12

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 13 of 21

demonstrate that the conviction or sentence has already been invalidated.”
Heck v. Humphrey, 512 U.S. 477, 448 (1994). If the plaintiff has an extant
conviction arising from the same proceeding as an invalidated conviction,
he must also demonstrate that the legal status of his extant conviction will
remain preserved if he prevails on his Section 1983 claim. See Poventund
v. City of New York, 750 F.3d 121, 137-38 (2d Cir. 2014). In these “mixed
verdict” situations, the court “considers whether the acquittal charge and
the conviction charge are sufficiently distinct to constitute a favorable
termination” by analyzing several factors: “(1) disparity in sentencing
ranges; (2) the elements of each crime; and (3) whether the crimes were
related or separate acts.” Dukes, 289 F. Supp. 3d at 396 (internal
quotation marks and citation omitted).
Here, Beckwith was sentenced to a term of imprisonment of two to
four years for his perjury conviction and one year for his resisting arrest
conviction.6 (Am. Compl. ¶ 46.) The two offenses also have entirely
distinct elements. Compare N.Y. Penal Law § 210.15 (“A person is guilty

6

Resisting arrest is a misdemeanor, punishable by a maximum
prison sentence of one year. N.Y. Penal Law §§ 10.00, 205.30. Perjury in
the first degree is a felony, for which a term of imprisonment in excess of
one year may be imposed. N.Y. Penal Law §§ 10.00, 210.15.
13

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 14 of 21

of perjury in the first degree when he swears falsely and when his false
statement (a) consists of testimony, and (b) is material to the action,
proceeding or matter in which it is made”), with N.Y. Penal Law § 205.30
(“A person is guilty of resisting arrest when he intentionally prevents or
attempts to prevent a police officer . . . from effecting an authorized arrest
of himself or another person.”). Additionally, from the allegations contained
in Beckwith’s pleading, the two charges are based on different factual
allegations. (Am. Compl ¶¶ 20, 38, 40.) Notably, the amended complaint
does not allege Breen and Irvine falsified or mischaracterized any of the
facts to support Beckwith’s charge for resisting arrest, rather, Beckwith
alleges that “Irvine and Breen both falsely represented that Irvine had
discovered the knotted bag in [Beckwith]’s waistband area during the first
pat down and . . . . also omitted from their police reports any reference to
the invasive search . . . of [Beckwith]’s private parts.” (Am. Compl. ¶¶ 3132.) Thus, at this juncture, because the two charges appear to be
sufficiently distinct and Beckwith does not allege that Breen and Irvine
fabricated any evidence with respect to his resisting arrest charge,
Beckwith’s right to fair trial claim is not barred by Heck. See Wellner v. City
of New York, 393 F. Supp. 3d 388, 397 (S.D.N.Y. 2019) (finding plaintiff’s
14

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 15 of 21

fair trial claim was not barred by Heck where the plaintiff alleged fabrication
of evidence with respect to the dropped charges against her but did not
contest the validity of her still-standing conviction for disorderly conduct.)
C.

Municipal Liability
Defendants move to dismiss Beckwith’ 1983 claims against the City

of Syracuse on the grounds that Beckwith has not pleaded a policy,
practice, or custom by the City of Syracuse that resulted in Beckwith’s
alleged constitutional deprivation. (Dkt. No. 12, Attach. 1 at 23-25.)
Additionally, defendants move to dismiss Beckwith’s state law claim for
malicious prosecution because there can be no basis to impose liability on
the City of Syracuse under a theory of respondeat superior, given that
Beckwith has “failed to adequately plead an underlying malicious
prosecution claim against . . . Breen and Irvine.” (Id. at 25.) While
Beckwith does not respond to defendants’ argument that he has not
pleaded a policy, practice, or custom, Beckwith does maintain that because
he has adequately alleged “a cognizable state law malicious prosecution
claim against Irvine and Breen, [he] likewise states a vicarious liability claim
against . . . [the] City of Syracuse under the doctrine of respondeat
superior.” (Dkt. No. 17 at 27) (emphasis omitted).
15

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 16 of 21

A municipality may be liable under Section 1983 “when execution of a
government’s policy or custom, whether made by its lawmakers or by those
whose edicts or acts may fairly be said to represent official policy, inflicts
the injury.” Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658,
694 (1978); see Dixon v. City of Syracuse, 493 F. Supp. 3d. 30, 36
(N.D.N.Y. 2020) (“[T]he constitutional violation underpinning a § 1983 claim
against a municipality must result from a governmental policy, custom or
practice.” (citation omitted)). To establish a municipal policy, practice, or
custom, a plaintiff must provide evidence of (1) a formal policy endorsed by
the municipality; (2) actions taken or decisions made by the municipality’s
policymakers, which caused the alleged civil rights violation; (3) a practice
so widespread that it constitutes “a custom or usage”; or (4) a failure by the
municipality’s policymakers to properly train or supervise their
subordinates. Green v. City of New York, 465 F.3d 65, 80-82 (2d Cir.
2006) (citations omitted). Under New York law, “[a]n employer is
vicariously liable for its employees’ torts, even where the offending
employee’s conduct was intentional, if the acts were committed while the
employee was acting within the scope of his or her employment.” Carnegie
v. J.P. Phillips, Inc., 28 A.D. 599, 600 (2d Dep’t 2006) (citations omitted).
16

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 17 of 21

In his amended complaint, Beckwith does not allege the existence of
any policy, practice, or custom from which his alleged constitutional
violation resulted. (See generally Am. Compl.) Accordingly, Beckwith’s
Secition 1983 claim for malicious prosecution against the City of Syracuse
must be dismissed. However, Beckwith’s state law claim for malicious
prosecution remains because defendants move for dismissal solely on the
ground that Beckwith has not adequately pleaded the underlying claim for
malicious prosecution against Irvine and Breen. (Dkt. No. 12, Attach.1 at
25). As discussed above, Beckwith has stated a claim for malicious
prosecution under New York law, and, thus, defendants’ motion is denied
with respect to Beckwith’s state law claim against the City of Syracuse.
See Green, 465 F.3d at 86.
D.

Absolute Immunity
Defendants argue that dismissal of Beckwith’s Section 1983 claims is

proper because police officers are entitled to absolute immunity from
Section 1983 claims based on their testimony in judicial proceedings, “even
assuming the testimony was perjurious.” (Dkt. No. 12, Attach. 1 at 10
(emphasis omitted).) Defendants further assert that absolute immunity
extends to testimony given during grand jury proceedings. (Id.) Beckwith
17

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 18 of 21

contends that Breen and Irvine are not entitled to absolute immunity
because Beckwith’s Section 1983 claims “are premised solely upon the
alleged falsifications, mischaracterizations, and omissions by Irvine and
Breen which they undertook separate and apart from their allegedly
perjurious grand jury and other judicial testimony.” (Dkt. No. 17 at 11-12.)
Grand jury witnesses, including law enforcement officers, have
“absolute immunity from any [Section] 1983 claim based on the witness’
testimony, even if that testimony is perjurious.” Rehberg v. Paulk, 566 U.S.
356, 369 (2012) (internal quotation marks and citation omitted). In some
instances, absolute immunity may not apply where a plaintiff brings a
Section 1983 claim, alleging that a law enforcement officer “falsified
evidence in addition to committing perjury before the grand jury.” See
Coggins v. Buonora, 776 F.3d 108, 112, 113-14 (2d Cir. 2015). “When a
police officer claims absolute immunity for his grand jury testimony . . . the
court should determine whether the plaintiff can make out the elements of
his [Section] 1983 claim without resorting to the grand jury testimony.” Id.
at 113. A Section 1983 claim is not “based on” the officer’s grand jury
testimony if the claim exists independently of the testimony.” Id. at 113
(citing Rehberg, 566 U.S. at 369.) On the other hand, if the grand jury
18

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 19 of 21

testimony is necessary to satisfy the elements of the claim, then the claim
is “based on” the grand jury testimony and the officer is entitled to absolute
immunity. Id. at 113.
While Beckwith does allege that Irvine and Breen made false
statements in their testimony to the grand jury, (Am. Compl. ¶ 39),
Beckwith has sufficiently pleaded his Section 1983 claims by alleging that
Irvine and Breen made falsifications and mischaracteraizations in their
arrest reports and felony complaints, and repeated these same
falsifications and mischaracterizations to the District Attorney, without
needing to rely on Irvine and Breen’s grand jury testimony. See supra Part
IV.A-B; (Am. Compl. ¶¶ 51, 53.) Accordingly, defendants are not entitled to
absolute immunity with respect to Beckwith’s Section 1983 claims. See
Coggins, 776 F.3d at 113 (finding that the defendant was not entitled to
absolute immunity because, even though his grand jury testimony
paralleled the false information he provided in his police reports and
statements to the district attorney, the alleged misconduct existed prior to
and independently of the defendant’s grand jury testimony “such that
[plaintiff] would be able to prove his claims without ever relying on the . . .
grand jury testimony”).
19

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 20 of 21

E.

Timeliness
Finally, defendants assert that all of Beckwith’s claims are time-

barred to the extent that Beckwith attempts to “weave claims from his
underlying arrest . . . into a claim based on his . . . overturned [perjury]
conviction,” because any claims pertaining to his September 6, 2016, arrest
would be untimely after September 6, 2019. (Dkt. 12, Attach. 1 at 13-15.)
Beckwith counters that he has not asserted any time-barred claims
because his “causes of action aris[e] solely from [his] recently overturned
conviction of perjury,” which was overturned on April 24, 2020. (Am.
Compl. ¶ 47; Dkt. No. 17, Attach. 1 at 10-11.)
“Section 1983 actions in New York are subject to a three-year statute
of limitations, running from the time a plaintiff knows or has reason to know
of the injury giving rise to the claim.” Milan v. Wertheimer, 808 F.3d 961,
963 (2d Cir. 2015) (internal quotation marks and citations omitted). The
statute of limitations for Section 1983 claims for right to a fair trial and
malicious prosecution begin to run when the criminal proceeding against
the plaintiff terminates in his favor. See McDonough v. Smith, 139 S. Ct.
2149, 2156-57, 2161 (2019); Wellner, 393 F. Supp. 3d at 397. Beckwith’s
perjury conviction was overturned on April 24, 2020. (Am. Compl. ¶ 47.)
20

Case 5:21-cv-00809-GLS-TWD Document 27 Filed 11/17/22 Page 21 of 21

Accordingly, Beckwith’s claims did not accrue until April 24, 2020, and,
thus, his claims, which were asserted when this action was commenced in
July 2021, are timely. See id.
V. Conclusion
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that defendants’ motion to dismiss (Dkt. No. 12) is
GRANTED IN PART and DENIED IN PART as follows:
GRANTED with respect to Beckwith’s Section 1983 claims
against the City of Syracuse; and
DENIED in all other respects; and it is further
ORDERED that the parties shall contact Magistrate Judge Thérèse
Wiley Dancks to schedule further proceedings; and it is further
ORDERED that the Clerk provide a copy of this Summary Order to
the parties.

IT IS SO ORDERED.
November 17, 2022
Albany, New York

21