Sobel Pevzner, LLC succeeded in securing a dismissal of a law suit filed in the United States District Court in which a private citizen put forth allegations of conspiracy and false arrest pursuant to 42 U.S.C. §1983 against the NYPD, the County of Suffolk, an individual Suffolk County Police Officer, and another private citizen. The firm was called upon to defend the private citizen defendant who was alleged to have conspired with the Suffolk County Police Department in the presentation of false claims that led to the ultimate arrest and detention of the plaintiff.
To lay out a valid claim for false arrest and conspiracy under 42 U.S.C. §1983 a plaintiff cannot plead general, but rather must set forth the specific facts upon which they claim that an agreement and/or concerted action was conducted by and between the police officer and private individual. In the instant case, The Federal Court agreed with the arguments advanced by Sobel Pevzner, LLC and found that the pleadings contained nothing more than “naked assertions” or “conclusory allegations. The Court stated further that under the statute, the plaintiff’s claim of “willful collaboration” lacked specificity, precision, and were ambiguous. The co-defendants joined in the motion and presented similar arguments. Accordingly, the Court dismissed the claims presented against the co-defendants under the same theory advanced by Sobel Pevzner, LLC.
The Plaintiff sought to reargue the motion to dismiss to no avail. By way of an order written by United States District Judge Sandra J. Feuerstein, the court found plaintiff’s attempt futile inasmuch as their arguments for reversal were “defeated by a plain reading of the docket… [and defendant’s motion].”