Fulton v. Robinson

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Submitted: September 10, 2001

Plaintiff pro se Alvin Fulton, Jr., appeals from a judgment of the United States District Court for the Western District of New York, Charles J. Siragusa, Judge, dismissing his claims brought under 42 U.S.C. � 1983 (1994) against defendant Laurie Robinson, a police officer in the City of Rochester, New York, for malicious prosecution, false arrest, and use of excessive force during arrest. The district court granted summary judgment dismissing the malicious prosecution and false arrest claims on the ground that they were foreclosed by the fact that Fulton was convicted on one of the charges on which he was arrested; the court dismissed the excessive force claim on the ground that the force used against Fulton, in the circumstances, was not excessive. On appeal, Fulton contends principally (a) that he is entitled to pursue his claims of malicious prosecution and false arrest because one of the charges on which he was arrested was dismissed on double jeopardy grounds, and (b) that the court erred in ruling as a matter of law that the force used against him was not excessive. He also makes various assertions of procedural error. For the reasons that follow, we conclude that summary dismissal of the complaint was appropriate.

I. BACKGROUND

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