James A. Russell v. James Smith and City of New York
Court of Appeals for the Second Circuit
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
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Jerome Singleton v. City of New York, Ronald Salzer and Anthony DellaventuraCourt of Appeals for the Second Circuit · 1980
- Herbert W. Rounseville and Robert Rounseville v. Samuel Zahl, Treva M. Way, and Geoffrey P. SerataCourt of Appeals for the Second Circuit · 1994
- Posr v. DohertyCourt of Appeals for the Second Circuit · 1991
- Hollender v. Trump Village Cooperative, Inc.New York Court of Appeals · 1983
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- Taylor v. City of New YorkDistrict Court, E.D. New York · 2003
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