X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION and ORDER   Currently before the Court, in this civil rights action filed by Richard Peterkin (“Plaintiff”) against the above-captioned entity and two individuals (“Defendants”) arising from an arrest and prosecution of Plaintiff, is Defendants’ motion to dismiss Plaintiff’s Complaint for failure to state a claim upon which relief may be granted pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 8.) For the reasons set forth below, the Court grants Defendants’ motion to dismiss in its entirety. I. RELEVANT BACKGROUND A. Plaintiff’s Complaint Generally, liberally construed, Plaintiff’s Complaint alleges as follows. On March 7, 2017, Plaintiff, an African-American man, was arrested by Defendant Anthony Pirrone (“Pirrone”) on a charge of Inciting to Riot. (Dkt. No. 1, 2 [Pl.'s Compl.].) The charge stemmed from an incident that had taken place early on the morning of March 5, 2017, at a venue called Spare Time in Halfmoon, New York, in Saratoga County. (Id., 19.) Plaintiff had been hired to work as a disc jockey at a party at Spare Time that was “mostly attended by African-Americans and Latinos.” (Id., 21.) The party was eventually broken up and shut down by the Saratoga County Sheriff’s Department. (Id., 22.) Two days later, Plaintiff was arrested and charged with Inciting to Riot in violation of N.Y. Penal Law §240.08, a class A misdemeanor. (Id., 27.) Plaintiff was “maliciously charged and prosecuted” by Pirrone and suffered “significant injuries as a result of the arrest and prosecution.” (Id., 5.) Pirrone’s malicious purpose and intent in bringing the charge was shared by Defendants Saratoga County (“County”) and Sheriff Michael H. Zurlo (“Zurlo”). (Id., 29.) Defendants “lacked probable cause to believe” that Plaintiff had “engaged in any conduct that could have constituted the offense of Inciting to Riot or any other offense.” (Id., 34.) As a result of Pirrone’s actions, which were taken on behalf of himself and on behalf of the County and Zurlo, Plaintiff was held in custody for several hours, fingerprinted, and photographed. (Id., 30.) Furthermore, because Plaintiff was required to appear in court on “numerous occasions,” his “liberty was constrained and infringed upon for the entire period of time the charge was pending from March 7, 2017 until October 11, 2017,” when the charge was ultimately dismissed. (Id.,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›