Legal Opinion

Hathaway v. County of Essex

District Court, N.D. New York

Decided February 18, 1998No. 1:95-cv-00824PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM, DECISION AND ORDER

McAVOY, Chief Judge.

In this § 1983 action for malicious prosecution, defendants Town of Ticonderoga, Michael Connery, Marie Huntington, Mary Gail Russell and Andrew Powvorznik move under Fed.R.Civ.P. 12(c) for judgment on the pleadings, or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56.

I. Background

A. Facts

Between February, 1992, and June, 1994, plaintiff Richard Hathaway was investigated, indicted, and tried on charges of official misconduct, petit larceny, grand larceny, and perjury. All of these charges were dismissed before the case…

2Cases cited27 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Daniels v. WilliamsSupreme Court of the United States · 1986
  5. Albright v. OliverSupreme Court of the United States · 1994

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3Cited by1 opinion

  1. Cipolla v. County of RensselaerDistrict Court, N.D. New York · 2000

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