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Udechukwu v. City of New York

False Arrest, Defamation, Other Claims Dismissed; Arrest Supported by Probable Cause

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Anselm Udechukwu, Plaintiffv.The City of New York, Gamestop Corp., Brittany Long, Police Officer Delsano, and Police Officer Christopher Doll, Defendants

DECISION & ORDER Anselem Udechukwu (“Plaintiff”) brings this action pursuant to 42 U.S.C. §1983 and New York law against the City of New York (the “City”) and New York City Police Department (“NYPD”) Officers Delsano and Christopher Doll (together, the “City Defendants”), and Gamestop Corp. and Brittany Long (together, the “Gamestop Defendants”). Plaintiff seeks damages for alleged violations of his constitutional rights guaranteed by the First, Fourth, and Fourteenth Amendments of the United States Constitution, specifically iterated as claims for: (1) false arrest and false imprisonment,1 (2) malicious prosecution, (3) retaliation for exercising his right to free speech, (4) conspiracy, and (5) failure to intervene. Plaintiff also alleges a claim for defamation under New York common law against defendant Long. Plaintiff alleges defendants the City and Gamestop are liable for their employees’ actions under the common law doctrine of respondeat superior. The City Defendants and the Gamestop Defendants now move to dismiss the action under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, the City Defendants’ motion to dismiss is GRANTED, and the Gamestop Defendants’ motion to dismiss is GRANTED.BACKGROUNDPlaintiff alleges on April 15, 2016, he went to the video game and computer electronics store, Gamestop, located at 1459 Rockaway Parkway, in Brooklyn, New York, and purchased a game card. Compl.

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