Legal Opinion
Mark Rogers, Eric Pelcher and Mark Emigh v. City of Amsterdam, Thomas McQuade and Todd Stark, Mary Ann Smith
Court of Appeals for the Second Circuit
Decided September 6, 2002No. Docket 01-7893PublishedCited by 25 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
Plaintiffs Mark Rogers, Eric Pelcher and John Emigh appeal the district court’s grant of summary judgment to the defendant Police Officer Todd Stark. We agree with the district court that Officer Stark was entitled to qualified immunity from the claims of both Rogers and Emigh; but we rule that summary judgment was inappropriate with respect to Pelcher. In addition, we rule that plaintiff Pelcher has constructively satisfied the favorable termination element of a claim for malicious prosecution.
BACKGROUND
Plaintiff Mark Rogers owned the James Street Wash and Dry, a…
2Cases cited9 opinions
- Shelley Weinstock v. Columbia UniversityCourt of Appeals for the Second Circuit · 2000
- Patricia SHUMWAY, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
- Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
- Thomas v. RoachCourt of Appeals for the Second Circuit · 1999
- Martinez v. City of SchenectadyNew York Court of Appeals · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Berry v. MarchinkowskiDistrict Court, S.D. New York · 2015
- Cordova v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2016
- Alexander Lifson v. Ina Life Insurance Company of New York, Cigna Life of New York, and the Mony Life Insurance CompanyCourt of Appeals for the Second Circuit · 2003
- Tsesarskaya v. City of New YorkDistrict Court, S.D. New York · 2012
- Gaston v. City of New YorkDistrict Court, S.D. New York · 2012
20 more not listed; retrieve them via the Exa API.