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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47223 Judge Scheindlin PLAINTIFF ALLEGED, pursuant to 42 USC �1983, that defendants made false statements causing him to be arrested unlawfully and recommitted to a mental institution. A district court had found that plaintiff could not maintain claims for false arrest, false imprisonment and malicious prosecution because he had not alleged that his prosecution terminated in his favor, or that he was not recommitted. The U.S. Court of Appeals for the Second Circuit vacated the dismissal of the false arrest claim and remanded. The instant court dismissed the action, finding that defendants, certified social workers responsible for providing treatment services to plaintiff, were aware of plaintiff’s history of mental illness and violence, his noncompliance with his Order of Conditions, and an anonymous telephone call stating that plaintiff had a gun and would not return to the hospital voluntarily. The court found this information sufficient to support defendants’ belief that plaintiff had a mental illness likely to result in serious harm.

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