Latest Case: Lynch v. City of New York (Civil Rights)

Another Attempt to Find Optimism in American Politics

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan continues his series of columns attempting to find optimism in what he describes as “post-constitutional life in America.” In this installment, Buchanan notes that President Trump’s reactions to COVID-19 are a reason for optimism because they reflect a fear that a pandemic (and market responses to a pandemic) could threaten his hold on the White House.

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Lynch v. City of New York

Docket: 18-1247

Opinion Date: March 4, 2020

Judge: Amalya Lyle Kearse

Areas of Law: Civil Rights, Constitutional Law

Plaintiff appealed the district court's dismissal of claims brought under 42 U.S.C. 1983 principally for false arrest, malicious prosecution, abuse of process, violation of his rights to free speech and equal protection, and use of excessive force. Plaintiff's claims arose from his arrest during a demonstration organized by an affiliate of the Black Lives Matter movement. The Second Circuit held that plaintiff adequately stated claims against the defendant who signed the summonses against him and the city, agreeing with plaintiff that the district court erred by failing to accept the factual allegations of the amended complaint as true and failing to draw all reasonable inferences therefrom in his favor. However, the court held that the complaint was insufficient to state claims against all other defendants. Accordingly, the court vacated in part, affirmed in part, and remanded.