Legal Opinion

James A. Russell v. James Smith and City of New York

Court of Appeals for the Second Circuit

Decided October 11, 1995No. 977, Docket 94-2425PublishedCited by 121 opinions

1Opinion of the Court

LEVAL, Circuit Judge:

This is an action for malicious prosecution pursuant to 42 U.S.C. § 1983. Plaintiff James Russell appeals from an order of the United States District Court for the Southern District of New York (Tenney, /.), granting summary judgment to the defendants James Smith and the City of New York on the ground that plaintiff had failed to show that the prosecution against him had been terminated in his favor. We affirm.

I. Background

On the night of January 9, 1981, four men were murdered during an apparent robbery at a basement social club at 1272 Clay Avenue in the Bronx. The…

2Cases cited15 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Jerome Singleton v. City of New York, Ronald Salzer and Anthony DellaventuraCourt of Appeals for the Second Circuit · 1980
  3. Herbert W. Rounseville and Robert Rounseville v. Samuel Zahl, Treva M. Way, and Geoffrey P. SerataCourt of Appeals for the Second Circuit · 1994
  4. Posr v. DohertyCourt of Appeals for the Second Circuit · 1991
  5. Hollender v. Trump Village Cooperative, Inc.New York Court of Appeals · 1983

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3Cited by121 opinions

  1. Manganiello v. City of New YorkCourt of Appeals for the Second Circuit · 2010
  2. Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
  3. Lanning v. City of Glens FallsCourt of Appeals for the Second Circuit · 2018
  4. Alvin Fulton Jr. v. Laurie RobinsonCourt of Appeals for the Second Circuit · 2002
  5. Taylor v. City of New YorkDistrict Court, E.D. New York · 2003

116 more not listed; retrieve them via the Exa API.

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