Lovitch v. County of Orange

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights

, New York Law Journal

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Judge Edgardo Ramos

Orange County created a multi-disciplinary team (MDT) to investigate reports of child sexual abuse. Basile, an officer in a municipal police department was assigned to the MDT as an investigator. Supervised only by New York State Police senior investigator Garcia, Basile remained an employee of the municipal police department. He was not employed nor trained by Orange County. Basile's investigation into a 2007 report alleging sexual abuse by Lovitch ultimately led to Lovitch's Jan. 22, 2008, arrest and Feb. 12 arraignment. Charges against Lovitch were subsequently dismissed by the prosecutor. District court granted the County judgment dismissing Lovitch's claims for false arrest, malicious prosecution and a civil rights conspiracy. Lovitch failed to present evidence of, or even allege, the existence of any County policies or customs that were the driving force behind his alleged constitutional deprivations. Also, as to his §1985 claim, Lovitch's complaint was devoid of factual allegations supporting the elements of a conspiracy. Having eliminated his federal claims, the court declined to exercise supplemental jurisdiction over—and dismissed—Lovitch's state law claims of false arrest, malicious prosecution and negligence.

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