Richard Lynch, Plaintiff-Appellant Vienna Rye, Plaintiff v. City of New York, Police Officer Jonmichael Delarosa, Shield No. 17441, Police Officer Mariann Mandy, Shield No. 00603, Deputy Inspector Andrew Lombardo, NYPD Legal Bureau Agency Attorney Lester Paverman, Defendants-Appellees John Does; and Richard Roes, Defendants.* Appeal by plaintiff Lynch from so much of a judgment of the United States District Court for the Southern District of New York, Loretta A. Preska, Judge, as dismissed claims asserted by Lynch in the amended complaint, 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, in the arrest of Lynch during a demonstration organized by an affiliate of the Black Lives Matter movement. The district court granted defendants-appellees’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c), ruling principally that there was probable cause for Lynch’s arrest. See Lynch v. City of New York, No. 16 Civ. 7355, 2018 WL 1750078 (Mar. 27, 2018). On appeal, Lynch contends that the 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. We agree insofar as Lynch asserted claims against the City and the defendant who signed the summonses against him; and we vacate the judgment to that extent and remand for further proceedings. Affirmed in part; vacated and remanded in part. AMALYA KEARSE, C.J. Plaintiff Richard Lynch appeals from so much of a judgment of the United States District Court for the Southern District of New York, Loretta A. Preska, Judge, as dismissed his claims in the amended complaint (or “Complaint” or “Am. Compl.”), brought under 42 U.S.C. §1983 against defendants City of New York (the “City”) and several individual members of the City’s Police Department (“NYPD”), alleging federal and state claims of, inter alia, false arrest, malicious prosecution, abuse of process, infringement of Lynch’s rights to free speech and equal protection, and use of excessive force, in connection with his arrest during a demonstration organized by an affiliate of the Black Lives Matter movement. The district court granted defendants-appellees’ motion to dismiss the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(c), holding principally that there was probable cause for Lynch’s arrest. On appeal, Lynch contends that the 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. For the reasons that follow, we agree insofar as Lynch asserted claims against the City and the officer who swore out the summonses against him; and we vacate the judgment to that extent and remand for further proceedings. I. BACKGROUND This action sought damages against defendants for Lynch and Vienna Rye as plaintiffs, alleging claims against the City and against individual defendants whose conduct — assuming the truth of the factual allegations in the Complaint — included the following: NYPD Officer Jonmichael Delarosa arrested and swore out summonses against Rye; NYPD Officer Mariann Mandy arrested and swore out summonses against Lynch; NYPD Deputy Inspector Andrew Lombardo, a supervisor, gave instructions as to how Lynch was to be treated after his arrest; and NYPD Legal Bureau Agency attorney Lester Paverman who conferred with Delarosa, and “possibly” with Mandy (see Part I.B. below), following the arrests of Rye and Lynch and prior to the issuance of their respective summonses. On defendants’ motion under Fed. R. Civ. P. 12(b)(6) and 12(c), the action was dismissed in its entirety. Only Lynch has appealed. A. The Complaint With respect to Lynch, the Complaint included the following factual allegations. 1. The June 22, 2015 Vigil and March On the evening of June 22, 2015, Lynch participated in a vigil and march in New York City, organized by an affiliate of the Black Lives Matter movement. Shortly after the vigil concluded, a large number of people began to march south from 125th Street in Harlem; numerous members of NYPD walked alongside the marchers, escorting the march as it left the location of the vigil. (See Complaint
12-13.) Paragraphs 49-88 of the Complaint describe the actions, participation, and treatment of Lynch. Some eight weeks prior to the vigil and march, Lynch had undergone spinal and thoracic surgery. On June 22, he was moving slowly and was at the rear of the march as it reached West 104th Street. (See Complaint
