ROESCH v. OTAROLA

No. 74, Docket 92-7281.

980 F.2d 850 (1992)

Carl H. ROESCH, Plaintiff-Appellant, v. Lila OTAROLA, also known as Lila Calero, also known as Lila Roesch; Hans Probst; Gliceria Probst; Women's Center of Greater Danbury, Incorporated; F. Walter Schreiber, Individually and in his official capacity as police officer in the Police Department of the Town of Ridgefield, Connecticut; and Town of Ridgefield, Connecticut, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 27, 1992.


Attorney(s) appearing for the Case

Jerome Plottner, Forest Hills, N.Y. (Francis Thomas Daley, West Haven, Conn., on the brief), for plaintiff-appellant.

Geoffrey L. Squitiero, Bridgeport, Conn. (Maher & Murtha, Bridgeport, Conn., on the brief), for defendants-appellees Schreiber and Town of Ridgefield, Conn.

William M. Bloss, New Haven, Conn. (Jonathan Katz, Jacobs, Grudberg, Belt & Dow, New Haven, Conn., on the brief), for defendant-appellee Otarola.

Andrew S. Turret, Bridgeport, Conn. (David J. Robertson, Bai, Pollock & Dunnigan, Bridgeport, Conn., on the brief), for defendants-appellees Hans Probst and Gliceria Probst.

Before: FEINBERG, NEWMAN, and CARDAMONE, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

In Singleton v. City of New York, 632 F.2d 185 (2d Cir.1980), cert. denied, 450 U.S. 920, 101 S.Ct. 1368, 67 L.Ed.2d 347 (1981), we held that a defendant granted an adjournment in contemplation of dismissal under New York law could not maintain a section 1983 action sounding in malicious prosecution. This appeal primarily raises the issues whether Singleton applies to bar (i) a section...

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