Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Diallo v. New York City Police Department

Rights Breach Claims Dismissed; Arrest Presumptively Supported by Probable Cause

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER On October 19, 2021, Plaintiff Ibrahima Diallo was arrested on charges of First and Second degree Robbery and Third degree Grand Larceny. He was jailed for eight days before being released on bail. He alleges that during his confinement, he was denied proper medical care for his tuberculosis of the spine, subjected to full body cavity searches, kept in a cold, isolated cell, and denied a prayer mat. Nearly a year after this ordeal, all charges against Diallo were dropped. Diallo now sues various agencies of the City of New York and Westchester County for violations of his rights pursuant to 42 U.S.C. §1983 and for analogous state law claims.1 Presently before the Court are Defendants’ separate motions to dismiss Diallo’s Complaint in its entirety. See Westchester Medical Center Mot. J. Pleadings, ECF No. 41; County Defs.’ Mot. Dismiss (“Cnty Mot.”), ECF No.44; City Defs.’ Mot. Dismiss (“City Mot.”), ECF No. 59. For the reasons that follow, the Court GRANTS Defendants’ motions to dismiss Diallo’s claims brought under federal law. Further, the Court declines to exercise supplemental jurisdiction over Plaintiffs remaining state law claims and dismisses them without prejudice to renewal in a state court of competent jurisdiction. BACKGROUND The following facts are drawn from Plaintiff’s Complaint, ECF No. 10, and are taken as true for the purpose of resolving the instant motions. Faber v. Metro. Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011). Plaintiff, Ibrahima Diallo, is a Guinean man who has been living in the United States as a political asylee since 2010. Compl.

1, 14. At the time of his arrest, he resided in the Bronx and worked as a handyman and dishwasher. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
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
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Litigation Associate

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements