Toro v. Gainer

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Plaintiff DeCarlos Toro brought this action against defendants Brian Gainer and Timothy Fitzpatrick, alleging false arrest and malicious prosecution arising from his arrest and subsequent prosecution for unlawful use of a weapon. Defendants contend that they are entitled to summary judgment because plaintiff is barred from arguing that they lacked probable cause to arrest him due to the collateral estoppel effect of the state trial court’s denial of a motion to quash raised by plaintiff (who was then the defendant in state court).…