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Richards v. City of New York

Probable cause exists where officer's memo book notes that child said someone else was murderer.

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Judge Mukasey

RICHARDS v. THE CITY OF NEW YORK — Samantha Richards (“Richards”), along with Wydeia and Shanealya Richards (“the children”), have sued the City of New York and certain law enforcement personnel, including assistant district attorneys (“ADAs”) and police officers.1 Richards alleges that, in violation of 42 U.S.C. §1983, she was arrested and prosecuted without probable cause and deprived of the companionship and custody of her children. The children claim that, in violation of 42 U.S.C. §1983, they were wrongfully separated from their mother. Both Richards and the children also allege various state torts arising out of Richards’ arrest. Defendants move for summary judgment on the §1983 claims on the grounds that this court lacks jurisdiction over the claims under the Rooker-Feldman doctrine and that defendants had probable cause both to arrest and to prosecute Richards. For the reasons set forth below, the motion is denied.

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