Phoenix v. Day One

IN THE DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND __________________________________________ ) SIMONE E. PHOENIX, ) Plaintiff ) ) v. ) No. 1:20-cv-00152-MSM-PAS ) DAY ONE, et al, ) Defendants. ) __________________________________________) MEMORANDUM AND ORDER Family Service of Rhode Island (“FSRI”) and its then-employee Carla Cuellar (“Ms. Cuellar”),1 were sued by a three-count Second Amended Complaint (“SAC”)2 alleging abuse of process, constitutional malicious prosecution,3 and common law malicious prosecution. Their Motion to Dismiss (ECF No. 39) poses the three-year Statute of…