Attorneys’ Adam H. Silverstone and Caroline K. Hock Obtain Pre-Answer Dismissal of Federal Civil Rights and Negligence Claims in S.D.N.Y.

In a matter venued in the U.S. District Court for the Southern District of New York, Lewis Johs attorneys Adam H. Silverstone and Caroline K. Hock recently obtained the dismissal of all federal negligence claims in favor of a Westchester County-based towing company and its employees. Husband and wife plaintiffs were arrested for trespass, governmental obstruction, failure to obey the lawful commands of a police officer and resisting arrest while attempting to retrieve their towed vehicle from our clients’ towing facility. The plaintiffs commenced a combined civil rights and negligence based-action claiming that our clients’ alleged negligent actions resulted in the alleged wrongful arrest, detention and subsequent injury to the plaintiffs by co-defendant municipality and its police officers in violation of their Constitutional rights.  The case was dismissed on a pre-answer basis as against our clients on the grounds that our clients’ lawful conduct was not and could not have proximately caused the plaintiffs alleged injuries which allegedly resulted from their arrest and detention by the police.

       
 

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