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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.