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S.D.N.Y.Procedural orderFiled Mar. 24, 2022

McDaniel v. The People of the City of New York

Judge
Analisa Torres
Docket
1:19-cv-11265
Court
U.S. District Court · Southern District of New York
Pages
3
Section 1983Civil RightsMotion to DismissPro Se
In one sentence

In McDaniel v. The People of the City of New York, Judge Torres granted dismissal and dismissed McDaniel’s amended complaint with prejudice.

Who this affects

The ruling ended Curtis McDaniel’s claims against the City of New York and police officers Christopher Zollino and Darion Brooks. The opinion does not describe the underlying facts in detail because it relied on the magistrate judge’s report and recommendation.

What happened

Curtis McDaniel, who represented himself, sued New York City and two police officers under a federal civil-rights law. He alleged false arrest, malicious prosecution, unlawful confinement conditions, and other constitutional violations.

The defendants asked the court to dismiss the lawsuit for failing to state a legally valid claim. A magistrate judge recommended granting that request, and McDaniel objected, but he repeated his earlier arguments rather than identifying specific errors.

In McDaniel v. The People of the City of New York, Judge Analisa Torres found no clear error, adopted the recommendation in full, granted the defendants’ motion to dismiss, and dismissed McDaniel’s third amended complaint with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
McDaniel v. The People of the City of New York · No. 1:19-cv-11265
Judge
Analisa Torres
Date
Mar. 24, 2022

Background

Curtis McDaniel, proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. After amending the complaint three times, he asserted claims against the City of New York and police officers Christopher Zollino and Darion Brooks for false arrest, malicious prosecution, unlawful conditions of confinement, and other alleged constitutional violations.

The defendants moved to dismiss the third amended complaint under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal when a complaint does not state a legally sufficient claim. The motion was referred to Magistrate Judge Robert W. Lehrburger, who recommended granting the motion and dismissing the third amended complaint with prejudice.

Objections and review

McDaniel timely objected to the recommendation. The district court found that his objections were not specific because they repeated arguments previously made to the magistrate judge, including arguments about the applicable filing deadline and the facts supporting his claims. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record.

Ruling

Judge Analisa Torres stated that she had reviewed the thorough and well-reasoned recommendation and found no clear error. The court adopted the recommendation in its entirety, granted the defendants’ motion to dismiss, and dismissed McDaniel’s third amended complaint with prejudice. The clerk was directed to close the case and mail McDaniel a copy of the order and the unpublished cases cited in it. The court also directed that a specified filing containing McDaniel’s personal identifying information be viewable only by case participants.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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