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O'Hara v. City of New York

Attorney Pleads Conspiracy to Neutralize, Punish Him for Political Activities

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MEMORANDUM AND ORDER Plaintiff John O’Hara (“Plaintiff” or “O’Hara”) brought this action against Defendants City of New York (the “City”), former District Attorney Charles J. Hynes (“DA Hynes”), Assistant District Attorney John P. O’Mara (“ADA O’Mara”), Assistant District Attorney Angelo M. Morelli (“ADA Morelli”), Assistant District Attorney Dino Amoroso (“ADA Amoroso”), District Attorney Investigator Allen Presser (“Investigator Presser”), (collectively the “DA Defendants”), Assemblyman James F. Brennan (“Assemblyman Brennan”), John Keefe (“Keefe”), Jeffrey Waite, Esq. (“Waite”), (collectively the “State Defendants”), and John W. Carroll, Esq. (“Carroll”), (together with the DA Defendants and State Defendants, the “Defendants”), alleging conspiracy, malicious prosecution, abuse of process, retaliation, supervisory liability, selective prosecution, fabrication of evidence, and Monell claims in violation of the First, Fourth, and Fourteenth Amendments to the United States Constitution and the Constitution and laws of the State of New York. (ECF No. 1, “Compl.”). The crux of all 12 claims is that Defendants orchestrated a politically motivated conspiracy and baseless prosecution designed to neutralize and punish O’Hara for his political activities against the “Brooklyn Democratic Machine.” Pending before the Court are Defendants’ motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and O’Hara’s motion to strike Defendants’ reply briefs. (ECF Nos. 28-30, 47). For the reasons explained below, the parties’ motions are GRANTED IN PART AND DENIED IN PART.BACKGROUNDThe PartiesO’Hara is an attorney who has periodically resided on 61st Street in Brooklyn, New York, since 1980. (Compl.

23, 55). His former girlfriend, Magaly Lucas, owned a brownstone on 47th Street, which is in a different election district, and in October 1992, he moved into the basement apartment of that brownstone. (Id. at

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