Bermudez v. City of New York, No. 14-1125 (2d Cir. 2015)
Annotate this CasePlaintiff, incarcerated for 18 years for a murder he did not commit, filed suit under 42 U.S.C. 1983 and state common law, for damages. The district court granted summary judgment to defendants. The court concluded that there are genuine issues of material fact concerning violations of due process where plaintiff alleged that investigating police officers used unconstitutionally suggestive identification procedures and coerced witnesses. The court concluded, however, that there are no genuine issues of material fact concerning malicious prosecution because no facts in dispute support a lack of probable cause to charge him with the relevant crime. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings.
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