1. For a summary judgment to be granted, the Circuits must determine that the movant is entitled to "judgment as a matter of law", Miller . New York Case Law states that an "egregious deviation from proper police procedure" vi olates a claim to probable cause, Blake v. City of New York . At bar, the Second Circuit failed to apply the law of probable cause (State and Federal) pursuant to the Supreme Court's decision, Illinois v. Gates, and did not apply the "totality of circumstances" test to the facts. Is the Second Circuit's refusal to apply the "totality of circumstances" test for probable cause in a Monell suit constitutional?

2. For a State/Town Stat ute to limit a substan tive right, such as the fundamental right to liberty, it must be procedurally lawful . See Carolene, fn.4. In the matter presented, the Second Circuit upheld the Lower Court's judgement to squash a state claim involving the fundamental right to liberty without substantive due process analysis pursuant to Carolene . Has the Second Circuit failed to apply substan tive due process to a Municipal Statute in a false imprisonment claim?

3. A sitting Federal Judge should have the appearance of impartiality to an uninterested objective observer. Judges should re cuse themselves based on extra judicial reasons. At bar, petitioner documented close to fifteen instances of bias and prejudice, includ ing intentionally a llowing a lawyer to plead and argue without filing a notice of ap pearance. The test for extra judicial bias and prejudice is satisfied with direct evi dence of favoritism in the docket under Liteky . Has the Second Circuit correctly applied "extra judicial" test for a recusal, given documented instances of bias and prejudice by the District Judge?

Is the Second Circuit's refusal to apply the 'totality of circumstances' test for probable cause in a Monell suit constitutional?