No. 20-6443

Scott Myers v. Patrolman Rowell, et al.

Lower Court: Second Circuit
Docketed: 2020-11-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 42-usc-1983 42-usc-section-1983 civil-rights false-arrest false-prosecution institutionalized-abuse malicious-prosecution municipal-liability
Key Terms:
SocialSecurity FirstAmendment
Latest Conference: 2021-03-26 (distributed 2 times)
Question Presented (from Petition)

1. Don't the complete reversals affirm that malicious prosecution, inter alia, occurred and therefore requires, on the law, that the case be remanded for a jury trial for compensation? This 42 USC § 1983 complaint was timely and competently litigated. No right was given up in any pre or post-trial processes.

2. Doesn't the overall pattern of institutionalized abuse by the defendants against victims of 9/11 terrorism — easily surpass federal thresholds of "habit and custom" sufficient to name the Municipality of Greene County as a defendant?

3. Trial records show that Greene County Deputy Rowell knowingly created a false and malicious arrest on February 14, 2010, which ADA Charles Bucca prosecuted, conviction, and all other convictions, are reversed on appeal. Doesn't this alone allow the claim to move to a jury for award determination?

Question Presented (AI Summary)

Whether the complete reversals of the convictions affirm that malicious prosecution occurred, requiring the case to be remanded for a jury trial for compensation

Docket Entries

2021-03-29
Rehearing DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-02
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
Waiver of right of respondent Bucca, et al. to respond filed.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2020-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Bucca, et al.
Crystal R. PeckBailey Johnson & Peck, Respondent
Scott Myers
Scott Myers — Petitioner