Daniels v. Taylor, 18-CV-3717 (RA). (2020)
Court: District Court, S.D. New York
Number: infdco20200206c37
Visitors: 6
Filed: Feb. 05, 2020
Latest Update: Feb. 05, 2020
Summary: ORDER RONNIE ABRAMS , 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 Plaintiffs 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
Summary: ORDER RONNIE ABRAMS , 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 Plaintiffs 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 ..
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ORDER
RONNIE ABRAMS, 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 Plaintiffs § 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.
Source: Leagle
