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Greene v. Bryan

Issues of Fact Exist as to Probable Cause on False Arrest and Malicious Prosecution Claims

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Troy Greene, Plaintiffv.Rochdale Village Special Patrolman Kendall Bryan, Defendant

Opinion & Order Troy Greene is suing Rochdale Village Special Patrolman Kendall Bryan under 42 U.S.C. §1983 for false arrest and imprisonment,1 malicious prosecution, and excessive force. This action stems from the events of December 7, 2013, when Bryan arrested Greene for purportedly trespassing inside Rochdale Village, a private housing complex in Queens. During the course of this incident, Greene either jumped down the stairs while fleeing or was pushed down the stairs by Bryan. The ensuing fall resulted in a fracture of his left leg. Greene is moving for summary judgement on the false arrest and malicious prosecution claims, but not the excessive force claim. Bryan is moving for summary judgment on all claims. Because issues of disputed fact preclude judgment as a matter of law on any claim, both parties’ motions are denied.BACKGROUNDA. Undisputed FactsRochdale Village is a private apartment complex located in Jamaica, Queens. Def.’s Local Rule 56. 1 Statement

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