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Tyler v. Maggio

Only ADA Dismissed From Inmate's Rights Suit; Malicious Prosecution Claim Not Stated

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MEMORANDUM & ORDER   Plaintiff Taren Tyler, proceeding pro se and currently incarcerated at Clinton Correctional Facility in Dannemora, New York, commenced the above-captioned action on February 10, 20201 against Defendants Detective Jason Maggio and Detective John O’Leary,2 (Compl., Docket Entry No. 2), and filed an Amended Complaint on June 25, 2020 against Defendants Detective Maggio, Detective Michael O’Leary, the Emergency Service Unit (“ESU”), Assistant District Attorney (“ADA”) Jaime Kleidman, and John Does, (Am. Compl., Docket Entry No. 12). Plaintiff asserts claims pursuant to 42 U.S.C. §1983 arising from his arrest on March 7, 2017. (Am. Compl.

10-11.) For the reasons stated below, the Court dismisses the claim against ADA Kleidman and refers Plaintiff’s claims against Detective Maggio, Detective O’Leary, and the unknown ESU officers to Judge Levy for pretrial supervision. I. Background Plaintiff alleges that on March 2, 2017, ADA Kleidman authorized Detectives Maggio and O’Leary “to locate and arrest” Plaintiff by using Global Positioning System (“GPS”) location services, “wire taps[,] and [a] pen subpoena” to unlawfully obtain information from Metro PCS “for the purpose of executing the unlawful entry into [P]laintiff’s residence on March 7, 2017.” (Am. Compl.

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