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Li v. Village of Saddle River

Malicious Prosecution, Abuse of Process Claims Over Retaining Wall Are Dismissed

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MEMORANDUM AND ORDER INTRODUCTION Plaintiffs Jianjun Li and Chixin Fang (“Plaintiffs”) bring this action against Defendants Village of Saddle Rock, Dan Levy, James T. Murphy, and John Does 1-4 (collectively “Defendants”) alleging (1) malicious prosecution in violation of the Fourth Amendment, the Due Process Clause of the Fourteenth Amendment, 42 U.S.C. §1983, and New York state law, (2) malicious abuse of process in violation of the Fifth Amendment, Due Process Clause of the Fourteenth Amendment, 42 U.S.C. §1983, and New York state law, (3) conspiracy in violation of 42 U.S.C. §1985(3), and (4) Monell liability of Defendant Village of Saddle Rock for violations of 42 U.S.C. §1983. The action arises out of the Defendants’ prosecution of Plaintiffs for failing to repair a retaining wall, Plaintiffs’ conviction thereof, and the New York Appellate Term of the Supreme Court’s subsequent reversal. Presently before the Court is Defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [DE 20]. For the reasons set forth below, Defendants’ motion is GRANTED. BACKGROUND The following facts from the Complaint and materials properly considered on Defendants’ motion, see infra Discussion Section I, are taken as true for the purposes of this Order. Plaintiffs Dr. Jianjun Li and Dr. Chixin Fang are Chinese-American co-owners of a home in the Village of Saddle Rock in Long Island, New York (the “Village”). (Compl.

14-17). The named defendants are the Village, the Village Mayor Dan Levy, the Village Attorney James T. Murphy, and unidentified co-conspirators John Does 1-4. (Id.

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