Daniels v. City of New York

Opinion

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 2 /$/Z0©

DESHAWN DANIELS, Plaintiff, -V- No. 18-CV-3717 (RA) DETECTIVE BRIAN TAYLOR, DETECTIVE JAMES CLEARY, SERGEANT WESLEY ORDER FRADERA, and DETECTIVE NEIL MAGLIANO, Defendants.

RONNIE ABRAMS, United States District Judge: No later than February 19, 2020, the parties shall submit supplemental briefing, not to exceed ten pages, discussing how the Supreme Court’s decision in McDonough v. Smith, 139 S.Ct. 2149 (2019), affects the analysis of Plaintiff's § 1983 fair trial claim. Specifically, the parties shall address the following questions: 1. Does McDonough establish that a favorable termination is an element of a fair trial claim? 2. Assuming McDonough establishes that a favorable termination is an element of a fair trial claim, does an adjournment in contemplation of dismissal constitute a favorable termination in the context of a fair trial claim even if it does not constitute a favorable termination in the context of a malicious prosecution claim? In answering this question, the parties shall discuss the Eastern District of New York’s decision in Ross v. City of New York, No. 17-CV-3505 (PKC), 2019 WL 4805147, at *6-8 (E.D.N.Y. Sept. 30, 2019). SO ORDERED. Dated: February 5, 2020 New York, New York Ronnie Abrams United States District Judge