Smith v. Campbell, No. 14-1468 (2d Cir. 2015)
Annotate this CaseSmith alleged that New York State Trooper Campbell began harassing her in 2007, tailgating her in an off-duty vehicle, parking behind her, and questioning Smith about her driving. Smith’s adult son, Tom and Campbell exchanged heated words; Campbell indicated that Smith would receive another ticket because of Tom’s actions. Tom stated that he would speak to Campbell’s supervisor. Campbell left without issuing any tickets. Smith complained about Campbell’s conduct. Hours later, Campbell appeared at Smith’s home and delivered three tickets related to the incident. Smith wrote letters complaining of Campbell’s conduct. Smith’s accusations were dismissed; Smith was convicted on the tickets. Three days later Tom remarked, at a restaurant, that Campbell was harassing his mother. Campbell appeared at Smith’s home that day with another Trooper, resulting in a confrontation with Lilly, Smith’s son-in-law. Two years later, Smith and Lilly filed a 42 U.S.C. 1983 suit. The judge identified: a First Amendment peaceable assembly claim asserted by Lilly, a retaliatory prosecution claim by Smith, an unlawful seizure claim by Lilly, and an intentional infliction of emotional distress claim by both. The district court dismissed, finding the retaliatory prosecution claim time-barred and that Lilly improperly identified the unlawful seizure claim as arising under the Fourth Amendment rather than under section 1983. The Second Circuit vacated as to the unlawful seizure claim,
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