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Thorpe v. Duve

Court Dismisses Plaintiffs' Malicious Prosecution Claim; Indictment Was Not Fraudulent

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MEMORANDUM DECISION AND ORDER I. Introduction   Plaintiffs Michael Thorpe and Michael Durand commenced this action against defendants Nicole Duve, the former St. Lawrence County District Attorney; Amanda Nissen, the former Chief Assistant District Attorney of the St. Lawrence County District Attorney’s Office (DAO) (hereinafter “County defendants”); and City of Ogdensburg Police Department (OPD) detectives Harry McCarthy, Robert Wescott, and David Layng (hereinafter “City defendants”) pursuant to 42 U.S.C. §1983.1 (Compl., Dkt. No. 1.) Now pending are motions for summary judgment filed by County defendants, (Dkt. No. 105), and City defendants, (Dkt. No. 106). For the reasons that follow, both motions are granted. II. Background A. Facts2 Between 2012 and 2013, plaintiffs were indicted, tried, and acquitted for the robbery and murder of Gene Lawton, an elderly man from Ogdensburg, New York. (Dkt. No. 113, Attach. 1 at 24.) Plaintiffs were incarcerated for approximately one year while awaiting trial. (Id.) “Ultimately, the jury only convicted Tony Lalonde, another co-defendant in the criminal case.” (Id. at 25.) The robbery and murder occurred on November 18, 2010, when masked men broke into Lawton’s residence. (County Defs.’ Statement of Material Facts (SMF) 1, Dkt. No. 105, Attach. 1; City Defs.’ SMF

8, 56, Dkt. No. 106, Attach. 2.) OPD officers arrived on the scene and began a preliminary investigation. (County Defs.’ SMF 2; City Defs.’ SMF 9.) Plaintiffs became suspects shortly thereafter. (County Defs.’ SMF 3.) Wescott was named the lead investigator on the case, and the DAO was contacted by OPD. (City Defs.’ SMF

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