Judge Jack Weinstein
Three New York police officers arrested Davis in 2009 after allegedly observing him discard a black plastic bag—found to contain a gun and crack cocaine—on a sidewalk. Arraigned in state court on weapon and drug possession charges, Davis was held on Rikers Island for several days before release on bond. The state charges were dismissed on April 1, 2010. While they were pending, federal authorities indicted Davis on three counts based on the officers’ report. Federally arraigned on Nov. 12, 2009, Davis was held in federal custody until acquittal on Dec. 17, 2010. He sued the officers for wrongful arrest and malicious prosecution under 42 USC §1983. In addition to ruling on motions in limine, district court rejected the officers’ claim that U.S. Attorney’s Office’s independent discretionary actions severed any connection between them and Davis’ federal prosecution. The court found “ample evidence” from which a jury could find defendants played an active role in such prosecution. Despite not signing the federal criminal complaint, each defendant allegedly testified falsely against Davis at trial. If a jury credits Davis’ version of the events, defendants’ wrongdoing could satisfy the initiation or continuation element of a malicious prosecution claim.
