X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER On January 28, 2022, Analia Acosta (“Plaintiff”) initiated this action against the Town of Mamaroneck and John Doe Defendants 1-6 in the Supreme Court of the State of New York, County of Westchester. (Doc. 1). Plaintiff added the Village of Mamaroneck as a Defendant on February 15, 2022. (Id.). On March 3, 2022, the Town of Mamaroneck removed the action to this Court. (Id.). The Town of Mamaroneck filed its answer on March 17, 2022 (Doc. 8), and an initial conference was held on May 9, 2022 (Doc. 18). Thereafter, Plaintiff filed an Amended Complaint dropping both the Town and Village of Mamaroneck as named defendants and identifying the following officers of the Village of Mamaroneck police department as defendants: Officer Marco Ferraro, Jr., Officer Osvaldo Ramos, Officer Sebastian Salazar, Officer Bonacci, Officer Robert Iverson, III, and Lt. Falcone (collectively, “Defendants”). (Doc. 19, “FAC”). The sole remaining claim for relief in the Amended Complaint alleges malicious abuse of process pursuant to 42 U.S.C. §1983. (Id.

48-64).1 Defendants filed their answer on October 24, 2022 (Doc. 37), and the parties engaged in discovery pursuant to a Civil Case Discovery Plan and Scheduling Order. (Doc. 33; Doc. 40; Doc. 43). Defendants served their motion for summary judgment in accordance with the briefing schedule set by the Court. (Doc. 64; Doc. 65, “Goodman Decl.”; Doc. 66, “Def. Br.”; Doc. 67).2 Plaintiff opposed Defendants’ motion (Doc. 68, “Pl. Br.”), and the motion was fully briefed with the filing of Defendants’ reply papers (Doc. 69, “Reply”). For the reasons set forth below, Defendants’ motion for summary judgment is GRANTED. BACKGROUND The Court recites the facts herein only to the extent necessary to adjudicate the extant motion for summary judgment and draws them from the pleadings, Defendants’ Rule 56.1 Statement with Plaintiff’s counterstatement and responses thereto, and the admissible evidence proffered by the parties.3 Unless otherwise indicated, the facts cited herein are undisputed. On October 16, 2021, at approximately 9:25 p.m., Defendants were dispatched to Plaintiff’s residence at 501 North Berry Avenue, Apartment 3H, Mamaroneck, New York, to respond to a report of a fight in progress. (56.1

 
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
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›