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ANILAO v. SPOTA

Docket No. 19-3949-cv August Term, 2020.

27 F.4th 855 (2022)

Juliet ANILAO, Harriet Avila, Mark Dela Cruz, Claudine Gamaio, Elmer Jacinto, Jennifer Lampa, Rizza Maulion, Theresa Ramos, Ranier Sichon, and James Millena, Plaintiffs-Counter-Defendants-Appellants, Felix Q. Vinluan, Plaintiff-Appellant, v. Thomas J. SPOTA, III, Individually and as District Attorney of Suffolk County, Office of the District Attorney of Suffolk County, Leonard Lato, Individually and as an Assistant District Attorney of Suffolk County, County of Suffolk, Karla Lato, as Administrator of the Estate of Leonard Lato, Defendants-Appellees, Susan O'Connor, Nancy Fitzgerald, Sentosa Care, LLC, Avalon Gardens Rehabilitation and Health Care Center, Prompt Nursing Employment Agency, LLC, Francris Luyun, Bent Philipson, Berish Rubinstein, Defendants-Counter-Claimants.

United States Court of Appeals, Second Circuit.

Decided: March 9, 2022.

Attorney(s) appearing for the Case

Stephen L. O'Brien , O'Brien & O'Brien, LLP, Nesconset, NY, for Defendant-Appellee Thomas J. Spota, III.

Brian C. Mitchell , Assistant County Attorney, Suffolk County Attorney's Office, Hauppauge, NY, for Defendants-Appellees County of Suffolk and Karla Lato, as Administrator of the Estate of Leonard Lato.

Oscar Michelen , Cuomo LLC, Mineola, NY, for Plaintiff-Appellant Felix Vinluan.

Paula Schwartz Frome ( James O. Druker , on the brief), Kase & Druker, Esqs., Garden City, NY, for Plaintiffs-Counter-Defendants-Appellants Juliet Anilao, Harriet Avila, Mark Dela Cruz, Claudine Gamaio, Elmer Jacinto, Jennifer Lampa, Rizza Maulion, Theresa Ramos, Ranier Sichon, and James Millena.

Judge Chin dissents in a separate opinion.

Ten nurses and their former attorney, Felix Vinluan, filed claims under 42 U.S.C. § 1983 as well as common-law claims of false arrest and malicious prosecution under New York law against the defendants — the County of Suffolk, the Office of the District Attorney of Suffolk County (the "DA's Office"), Thomas J....

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