· 5/26/2000
Andrew M. Rohman v. New York City Transit Authority (Nycta), Carmen J. Bianco
Citations
- 215 F.3d 208
- 16 I.E.R. Cas. (BNA) 913
- 2000 U.S. App. LEXIS 11795
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under Section 510.40, an arrestee released on his own recognizance “must ordinarily remain in the state”
- noting that it is insufficient for a plaintiff to assert only the four elements of New York State malicious prosecution claim alone
- recognizing a Fourth Amendment seizure where post-arraignment release conditions required five court appearances before criminal charges were dropped
- finding that under section 510.40 of the New York Criminal Procedure Law a defendant released on his own recognizance “must ordinarily remain in the state.”
- noting that a plaintiff must prove that “the defendant lacked probable cause to believe the proceeding could succeed” in order to sustain a claim of malicious prosecution under state or federal law
- holding pretrial release on recognizance was a sufficient post-arraignment restriction
Source: CourtListener parenthetical corpus (CC0).
Judges: Cabranes, Sack, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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