MEMORANDUM DECISION AND ORDER I. INTRODUCTION Pro se plaintiff Richie Foster Levine brings this action asserting various claims under 42 U.S.C. §§1983, 1985(3) and state law arising out of his September 12, 1997 arrest for misapplication of property. (Dkt. No. 1). Presently before the Court are (1) Defendant Rent-A-Center East, Inc.’s (“Rent-A-Center”) motion to compel arbitration and dismiss the claims against it (Dkt. No. 8), and (2) Defendants New York State Police (“NYSP”), New York State Police Troop B (“Troop B”), James W. McMahon, and Dana R. Poirier’s (together, the “State Defendants”) motion to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. No. 21).1 Plaintiff opposes both motions, and the parties have filed responsive briefing. (Dkt. Nos. 10, 16, 22, 23, 29). For the following reasons, Rent-A-Center’s motion to compel arbitration is granted and the State Defendants’ motion to dismiss is granted in part and denied in part. II. FACTS2 A. The Rental Purchase Agreement and Plaintiff’s Conviction In April 1997, Plaintiff, who was nineteen years old at the time, entered into a “Rental Purchase Agreement” with Rent-A-Center3 in Plattsburgh, New York. (Dkt. No. 1, 25; see Dkt. No. 21-2, at 4-5 (Rental Purchase Agreement)).4 Pursuant to the Rental Purchase Agreement, Plaintiff rented merchandise on a weekly renewable basis and had the option of acquiring ownership rights in the rented property. (Dkt. No. 21-2, at 4-5). Rent-A-Center “attempted to serve a thirty-day demand for return of the merchandise on July 27, 1997 and to threaten criminal arrest…if the merchandise was not returned.” (Dkt. No. 1, 26). Rent-A-Center then reported Plaintiff’s breach of the Rental Purchase Agreement to New York State Police Troop B Investigator Dana Poirier, who “was advised to draft an accusatory instrument by Defendant [NYSP Superintendent James] McMahon’s authorized supervisor at Troop B.” (Id. 27). Plaintiff alleges that Investigator Poirier and Rent-A-Center’s manager met and that Rent-A-Center “specifically worked with Defendant Poirier outside the scope of Troop B to ensure that the civil debt owed to” Rent-A-Center “would be prosecuted.” (Id. 28). Plaintiff alleges that Rent-A-Center had a “practice” to “force officers such as Defendant Poirier to be [its] civil debt collector.” (Id. 28). Plaintiff further alleges that neither Investigator Poirier nor Rent-A-Center spoke to Plaintiff “at any time about his civil debt before his arrest.” (Id. 30). On September 4, 1997, Investigator Poirier drafted and signed an accusatory instrument accusing Plaintiff of Misapplication of Property, a Class A misdemeanor, in violation of New York Penal Law §165.00. (Id. 29; see Dkt. No. 21-2, at 7). The Information states: Pursuant to rental agreement signed by [Plaintiff] on 4/10/97 the following items have been retained by [Plaintiff] and no payment has been received by complainant since 6/14/97; Queen Size Bed, Mattress and frame, Total value $222.12. Certified letter of Demand for return of property sent to [Plaintiff] on 7/31/97. (Dkt. No. 21-2, at 7). Plaintiff was arrested on September 12, 1997, by “Police Officer S. Guay on the authority of Officer Dana R. Poirier.” (Dkt. No. 1, 31). Plaintiff was arraigned before the Plattsburgh Town Court that same day; his bail was set at $500 and he was remanded to Clinton County Jail for four days. (Id.
32-33). Plaintiff pled guilty to Misapplication of Property on September 30, 1997. (Id. 36). Plaintiff was sentenced to four days of time served and was ordered to pay Rent-A-Center restitution in the amount of $222.21. (Id. 37). Plaintiff alleges that he was not represented by counsel at his arraignment or guilty plea. (Id.
