No. 20-6443

Scott Myers v. Patrolman Rowell, et al.

Lower Court: Second Circuit
Docketed: 2020-11-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 42-usc-1983 42-usc-section-1983 civil-rights false-arrest false-prosecution institutionalized-abuse malicious-prosecution municipal-liability
Key Terms:
SocialSecurity FirstAmendment
Latest Conference: 2021-03-26 (distributed 2 times)
Question Presented (AI Summary)

Whether the complete reversals of the convictions affirm that malicious prosecution occurred, requiring the case to be remanded for a jury trial for compensation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Don’t the complete reversals affirm that malicious prosecution, inter alia, occurred and therefore requires, on the law, that the case be remanded for a jury trial for compensation? This 42 USC § 1983 complaint was timely and competently litigated. No right was given up in any pre or post-trial processes. 2. Doesn’t the overall pattern of institutionalized abuse by the defendants® — against victims of 9/11 terrorism — easily surpass federal thresholds of “habit and custom” sufficient to name the Municipality of Greene County as a defendant? 3. Trial records show that Greene County Deputy Rowell knowingly created a false and malicious arrest on February 14, 2010, which ADA Charles Bucca prosecuted. The : conviction, and all other convictions, are reversed on appeal. Doesn't this alone allow the claim to move to a jury for award determination? 5 TOTALS OF JAIL AND PRISON: I was arrested on Greene County Ind. 13-163 on August 8, 2013, incarcerated and held through trial without bail for 221 days. I was convicted on March 17, 2014, and sent to prison and released after 652 days. On April 5, 2018, the appellate court reversed, and on September 20, 2018, the case was dismissed. Total days from GC Ind. 11163 are 1,714 days. Previously, Greene County caused GC Ind. 11-100, which was also reversed and dismissed on appeal. Total jail for 11-100 and 11100/C#080-11 is 390 days. Greene County caused 2,102 days of incarceration since 9/11 2,282 days. 6% years all convictions are reversed and dismissed on appeal P3

Docket Entries

2021-03-29
Rehearing DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-02
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
Waiver of right of respondent Bucca, et al. to respond filed.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2020-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Bucca, et al.
Crystal R. PeckBailey Johnson & Peck, Respondent
Crystal R. PeckBailey Johnson & Peck, Respondent
Scott Myers
Scott Myers — Petitioner
Scott Myers — Petitioner