People v. Robert E. Lilley

Judge Conner

THOMAS v. COUNTY OF PUTNAM — Plaintiff Richard F. Thomas brings the instant action against defendants County of Putnam, Putnam County District Attorney’s Office, Putnam County Sheriff’s Department, Paul Velardi, Joseph A. Charbonneau, Robert Langley and Michael Nalbone.¹ Plaintiff claims that defendants conspired to prosecute criminal complaints against him in bad faith, with the intent of depriving plaintiff of his constitutional rights in violation of 42 U.S.C. §1983. Plaintiff also asserts state law claims for false imprisonment, false arrest, malicious prosecution, negligence and intentional infliction of emotional distress. Defendant Charbonneau now moves for summary judgment on the grounds that he is immune from suit under the doctrine of absolute immunity. Defendants Langley and Nalbone move for summary judgment on the grounds that they had probable cause to arrest plaintiff or, in the alternative, that defendants are entitled to qualified immunity. The remaining municipal defendants move for summary judgment based on plaintiff’s failure to allege that the deprivation of his constitutional rights resulted from the enforcement of a municipal policy or custom. For the reasons stated below, these motions are granted in their entirety.