Maye v. State of New York , 517 F. App'x 56 ( 2013 )


Menu:
  • 11-4636-cv
    Maye v. State of New York
    UNITED STATES COURT OF APPEALS
    FOR THE SECOND CIRCUIT
    SUMMARY ORDER
    Rulings by summary order do not have precedential effect. Citation to a summary order filed on or
    after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and
    this court’s Local Rule 32.1.1. When citing a summary order in a document filed with this court, a
    party must cite either the Federal Appendix or an electronic database (with the notation “summary
    order”). A party citing a summary order must serve a copy of it on any party not represented by
    counsel.
    At a stated Term of the United States Court of Appeals for the Second Circuit, held at the
    Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the
    25th day of April, two thousand thirteen.
    Present: AMALYA L. KEARSE,
    ROBERT A. KATZMANN,
    CHRISTOPHER F. DRONEY,
    Circuit Judges.
    ____________________________________________________________
    TYRONE MAYE,
    Plaintiff-Appellant,
    -v-                            11-4636-cv
    STATE OF NEW YORK, JOSEPH W. BETHEL, in his official capacity,
    PAUL R. FRETTOLOSO, Detective Sergeant, shield number 052, serial
    number 3321, in his official and individual capacity, LLOYD
    SCHWARTZ, Detective, serial and shield number unknown, in his official
    and individual capacity, SCOTT ADAMS, Drug Enforcement Agency
    Agent, A/Group Supervisor, in his official and individual capacity, ANDY
    PETERSON, Drug Enforcement Agency Agent, badge number unknown,
    in his official and individual capacity, KEVIN W. CONINE, Detective,
    serial number 1590, shield # unknown, in his official and individual
    capacity, HAROLD MORRISON, Detective, shield and serial number
    unknown, in his official and individual capacity, BRIAN D. CERNAK,
    Drug Enforcement Agency Agent, badge number unknown, in his official
    and individual capacity, JEFF SAUDER, Drug Enforcement Agency
    Agent, badge number unknown, in his official and individual capacity,
    NATHAN H. YORK, in his official capacity, AKA Bud, STEVEN
    STOCKDALE, Correctional Officer, shield number unknown, in his
    official and individual capacity, MICHAEL S. HARPP, Correctional
    Officer, shield number unknown, in his official and individual capacity,
    ALISON, Correction Officer, shield number unknown, in his official and
    individual capacity, RUSSELL E. LAIL, JR., Investigator, shield number
    209, in his official and individual capacity, KATHLEEN B. HOGAN, Esq.,
    in her official capacity, JASON M. CARUSONE, Assistant District
    Attorney, in his official and individual capacity, JEFFREY L.
    FERGUSON, Esq., Assistant District Attorney, in his official and
    individual capacity, ERIC C. SCHWENKER, Esq., Assistant District
    Attorney, in his official and individual capacity, EMILEE B.
    DAVENPORT, Assistant District Attorney, in her official and individual
    capacity, JOHN P.M. WAPPETT, Esq., Public Defender's Office, in his
    official and individual capacity, HABSHI, Police Officer, Serial number
    4155, shield number unknown, in his official and individual capacity,
    Defendants-Appellees.
    ____________________________________________________________
    For Plaintiff-Appellant:        TYRONE MAYE, pro se, Houston, TX.
    For Defendants-Appellees:       Zainab Chaudhry, Assistant Solicitor General, New York State
    Office of the Attorney General, Albany, N.Y., for Defendant-
    Appellee the State of New York; Paula Ryan Conan, Assistant
    United States Attorney, for Richard S. Hartunian, United States
    Attorney for the Northern District of New York, Syracuse,
    N.Y., for Defendants-Appellees Scott Adams, Andy Peterson,
    Brian D. Cernak, and Jeff Sauder; William A. Scott, Fitzgerald
    Morris Baker & Firth P.C., Glens Falls, N.Y., for Defendants-
    Appellees Nathan H. York, Steven Stockdale, Michael S.
    Harpp, Alison, Russell E. Lail, Kathleen B. Hogan, Jason M.
    Carusone, Jeffrey L. Ferguson, Emilee B. Davenport, and John
    P.M. Wappett; Daniel J. Stewart, Brennan, White, LLP,
    Queensbury, N.Y., for Defendant-Appellee Eric C. Schwenker.
    Appeal from the United States District Court for the Northern District of New York
    (Sharpe, J.).
    ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED,
    and DECREED that the judgment of the district court be and hereby is AFFIRMED.
    2
    Plaintiff-Appellant Tyrone Maye, proceeding pro se, appeals from a September 29, 2011,
    Memorandum-Decision and Order of the United States District Court for the Northern District of
    New York (Sharpe, J.) dismissing his amended complaint for failure to state a claim upon which
    relief may be granted. In his amended complaint, Maye asserted numerous claims against the
    State of New York and various law enforcement officers, administrators, and attorneys pursuant
    to 
    42 U.S.C. § 1983
    . We assume the parties’ familiarity with the underlying facts, procedural
    history of the case, and issues on appeal.
    Reviewing the district court’s decision de novo, we conclude that the court correctly
    granted the motions to dismiss made by the district attorney and assistant district attorneys who
    prosecuted Maye. “[A]bsolute immunity protects a prosecutor from § 1983 liability for virtually
    all acts, regardless of motivation, associated with his function as an advocate.” Dory v. Ryan, 
    25 F.3d 81
    , 83 (2d Cir. 1994). “[T]he immunity attaches to [the prosecutor’s] function, not to the
    manner in which he performed it.” 
    Id.
     (quoting Barrett v. United States, 
    798 F.2d 565
    , 573 (2d
    Cir. 1986)). Here, Maye alleges acts associated with the defendants’ prosecutorial role. His
    claims against these defendants are consequently barred by absolute immunity.
    The district court also correctly dismissed Maye’s claims against his public defender.
    Public defenders acting in their role as advocates are not amenable to suit under § 1983, see Polk
    County v. Dodson, 
    454 U.S. 312
    , 318-25 (1981), and any state law legal malpractice claims are
    barred by New York’s three-year statute of limitations, see 
    N.Y. C.P.L.R. § 214
    (6).
    Finally, the district court correctly concluded that Maye’s false imprisonment claims
    against Drug Enforcement Agency agents and certain corrections officers accrued, at the latest,
    at his arraignment in September 2005, see Wallace v. Kato, 
    549 U.S. 384
    , 397 (2007), and that
    3
    these claims, first brought in October 2010, were therefore untimely. Maye’s false imprisonment
    claims, as well as any malicious prosecution claims that Maye has alleged, additionally fail
    because there was probable cause for his arrest and pre-arraignment detention. “[I]t is
    well-established that a law enforcement official has probable cause to arrest if he received his
    information from some person, normally the putative victim or eyewitness.” Martinez v.
    Simonetti, 
    202 F.3d 625
    , 634 (2d Cir. 2000) (citation and internal quotation marks omitted).
    Here, probable cause supported Maye’s arrest because a reliable confidential informant had
    indicated to law enforcement that Maye was selling cocaine and heroin out of the informant’s
    home. People v. Maye, 
    43 A.D.3d 556
    , 557 (3rd Dep’t 2007), rev’d on other grounds, 
    12 N.Y.3d 731
    , 731-32 (2009). A meritorious claim for false arrest or imprisonment or for
    malicious prosecution requires the absence of probable cause. See, e.g., Torraco v. Port
    Authority of N.Y., 
    615 F.3d 129
    , 139 (2d Cir. 2010) (false arrest); Rothstein v. Carriere, 
    373 F.3d 275
    , 282 (2d Cir. 2004) (malicious prosecution). Consequently, Maye’s claims were properly
    dismissed.
    We have considered all of Maye’s remaining arguments and find them to be without
    merit. Accordingly, the judgment of the district court is hereby AFFIRMED.
    .
    FOR THE COURT:
    CATHERINE O’HAGAN WOLFE, CLERK
    4