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Roland v. City of New York

Inmate's §1983 Claims Over Prosecutorial Use of Jail Telephone Recordings May Proceed

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MEMORANDUM & ORDER On April 12, 2019, Plaintiff Harry Roland (“Plaintiff”), proceeding pro se, currently incarcerated at Upstate Correctional Facility, filed this civil action pursuant to 42 U.S.C. §1983, alleging violations of his constitutional rights during his post-arrest detention and his state criminal trial resulting from his July 22, 2016 arrest. Plaintiff’s application to proceed in forma pauperis is granted pursuant to 28 U.S.C. §1915. For the reasons set forth below, Plaintiff’s claims against Defendants McAllister, Gonzalez, and McClean, as well as Plaintiff’s Sixth Amendment claim, are dismissed. His §1983 Fourth Amendment claims, based on Plaintiff’s unlawful pretrial detention and prosecutorial use of jail telephone recordings allegations, will proceed.BACKGROUNDPlaintiff was arrested without a warrant on July 22, 2016 for unspecified charges. (Complaint, Dkt. 1, at ECF1 6 1.)2 He arrived at Brooklyn Central Booking (“BCB”) at approximately 11:00 p.m. on July 22, 2016, but was not arraigned until July 26, 2016 at 4:30 p.m. (Id. at ECF 6-8

2, 10, 13.) While at BCB, Plaintiff refused to submit to an iris scan and DNA sample.3 (Id. at ECF 6

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