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Keywords

plaintiffdefendantstatutemotionstatute of limitationsmotion to dismiss

Related Cases

Kavazanjian; U.S. v.

Facts

On April 18, 2000, Kavazanjian was stopped by Officer Rice for a traffic violation. After initially complying, he drove away when asked to exit his vehicle, leading to his apprehension and severe beating by the officers. He was taken to a hospital where he attempted to refuse medical treatment. Kavazanjian was later convicted of several charges stemming from the incident, including assault and resisting arrest, but was acquitted of criminal mischief.

On April 18, 2000, Kavazanjian was stopped by Rice and another police officer for a traffic violation. Although he initially complied with the officer's requests, he ultimately drove from the scene when the officers asked him to step out of his vehicle. Shortly thereafter, the officers apprehended him and 'brutally and savagely beat [him] into sem-consciousness with, inter alia, fists feet, batons, and flashlights[,]' handcuffed him, and then commanded a police dog to attack him.

Issue

Whether the court should dismiss the claims for failure to effect service and whether the claims of false arrest and malicious prosecution should be dismissed based on the statute of limitations and the plaintiff's convictions.

Rule

The statute of limitations for claims under 42 U.S.C. 1983 in New York is three years. Good cause for failure to effect service is established when the Marshal's Office fails to serve the complaint, provided the plaintiff has given necessary information to identify the defendants.

The statute of limitations applicable to claims brought under . . . [section] 1983 in New York is three years.

Analysis

The court determined that good cause existed to excuse the delay in service due to the Marshal's Office's failure to act. However, it found that Kavazanjian's claims for false arrest were barred because any recovery would imply the invalidity of his conviction. The malicious prosecution claims were also dismissed except for the one related to criminal mischief, as he was acquitted of that charge.

Conclusion

The court denied the motion to dismiss for failure to effect process but granted the motion to dismiss the false arrest and malicious prosecution claims, except for the claim regarding criminal mischief.

Who won?

The defendants prevailed in part, as the court dismissed most of Kavazanjian's claims due to the implications of his convictions and the failure to serve the initial complaint.

The Malverne Defendants also contend that Kavazanjian failed to state a claim of malicious prosecution or false arrest.

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