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LANNING v. CITY OF GLENS FALLS

Docket No. 17-970-cv August Term, 2017.

908 F.3d 19 (2018)

David LANNING Jr., Plaintiff-Appellant, v. CITY OF GLENS FALLS, Glens Falls Police Department, Ryan Ashe, in His Official and Individual Capacities, County of Warren, Warren County Sheriff's Department, Warren County District Attorney's Office, Kevin Conine, Jr., in His Official and Individual Capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 7, 2018.

Attorney(s) appearing for the Case

JAMES EDWARD GROSS , Albany, NY, for Plaintiff-Appellant.

JAMES A. RESILA ( William C. Firth , on the brief), Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, NY, for Defendants-Appellees City of Glens Falls, Glens Falls Police Department, and Ryan Ashe.

GREGG T. JOHNSON , Lemire, Johnson & Higgins, LLC, Malta, NY for Defendants-Appellees County of Warren, Warren County Sheriff's Department, Warren County District Attorney's Office, and Kevin Conine, Jr.

Before: KEARSE, CABRANES, and LOHIER, Circuit Judges.

This case requires us primarily to consider whether New York law can alter the standard that applies to the "favorable termination" element of a malicious prosecution claim under 42 U.S.C. § 1983. In 2012 law enforcement officials in New York repeatedly arrested and charged David...

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