Judge Jesse Furman
Moody identified Best as the man who shot him. Best was indicted for attempted murder, assault and lesser offenses in August 2009. On Nov. 23, an unnamed “District Attorney representing Robert T. Johnson” purportedly received Moody’s recantation. However, the prosecutor continued to prosecute Best. Despite release from New York City Department of Correction (DOC) custody on Dec. 23, 2009, Best asserted that the criminal prosecution was not dismissed until Nov. 8, 2010. Best’s 42 USC §1983 suit alleged malicious prosecution by the unnamed “district attorney” and also that unnamed DOC officers failed to put him in protective custody. Although the court dismissed Best’s lawsuit seeking $150,000 compensation for unlawful imprisonment and “mental and physical injuries” it granted him leave to amend his complaint to correct identified defects. As to his claims against the unnamed prosecutor, the court noted that a number of Best’s allegations against unnamed “district attorney” were barred by absolute immunity. However, based on Best’s allegations, it was uncertain whether the “district attorney” would be entitled to absolute immunity for his alleged role in inducing Moody’s initial false inculpation of Best.