Gerald M. Breen v. Shawn L. Garrison, Individually and as a New York State Trooper

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, in New York, dismissal for facial insufficiency is “not a decision on the merits, an essential element of a cause of action for malicious prosecution”
• holding that, in New York, dismissal for facial insufficiency is “not a decision on the merits, an essential element of a cause of action for malicious prosecution”
• affirming district court’s dismissal of a malicious prosecution claim, on summary judgment, where the charges underlying the claim were dismissed for facial insufficiency
• denying summary judgment where parties’ factual assertions differed regarding the arrest and the nature of force used
• issues of material fact which existed as to the excessive force claim precluded summary judgment based on a qualified immunity defense
• issues of fact on reasonableness of force used preclude summary judgment on defense of qualified immunity

Source: CourtListener parenthetical corpus (CC0).