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Successful Defense of Municipality, Police Chief and Officers in Federal §1983 Claim

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Michael J. Murphy successfully defended his clients in a federal civil-rights lawsuit brought by a plaintiff pursuant to 42 U.S.C. §1983 against twenty-two defendants, including five village entities, five city entities, nine county entities, and a state entity, based upon allegations that defendants violated his federal constitutional rights when they wrongfully investigated him, indicted him by grand jury, arrested him pursuant to a warrant, and prosecuted him for the crimes of criminal sale of a controlled substance and criminal possession of a controlled substance. Plaintiff alleged that he was subjected to the investigation, indictment, arrest, and prosecution on account of his African-American race.

Plaintiff’s federal and state claims included false arrest, false imprisonment, assault, and battery/excessive force, unlawful strip searches, malicious prosecution, abuse of process, and conspiracy.

In a 43-page decision and order, U.S. District Judge Glenn Suddaby dismissed plaintiff’s complaint against Carter Conboy’s client - a local municipality, its police chief, and two police officers—in its entirety, finding generally that plaintiff failed to properly plead a cause of action, and that defendants were entitled to absolute immunity with regard to some claims, and qualified immunity with regard to other claims.

Carter Conboy is a Martindale-Hubbell AV® Preeminent™ peer rated full-service law firm committed to providing the highest quality legal representation to its clients. Founded in 1920, Carter Conboy has offices in Albany and Saratoga Springs, New York, serving clients throughout New York, Massachusetts, Connecticut, the District of Columbia, New Jersey, New Hampshire, and Florida. For additional information about the firm, visit www.carterconboy.com or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or ssmith@carterconboy.com.