Legal Question in Appeals and Writs in New York

appealing a summary judgement

I had a civil case against the City of New York for Malicious Prosecution. This case was abruptly ended by the City's motion for Summary Judgment. I would like to appeal this matter in Certiorari to the United States Court of Appeals raising these issues; Prosecutorial Misconduct and the elements which make up this scope would be violations to my First Amendment rights for prosecution in retaliation. A violation of my Fourth Amendment because of the exclusion of a judicial determination of probable cause and a Deprivation Of Rights along with Procedural Due Process guaranteed by the Fourteenth Amendment was also denied to me. None of these issues were raised to the lower courts but I feel they should have been addressed for redress from the onset of this case. Can it be done now?


Asked on 9/18/08, 6:26 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: appealing a summary judgement

Assuming that the action was filed in the US District Court, to appeal a final decision you must follow the Federal Rules of Appellate Procedure and local rules for the Second Circuit. These may be found at www.ca2.uscourts.gov

Mike.

Read more
Answered on 9/19/08, 8:36 am


Related Questions & Answers

More Appeals and Writs questions and answers in New York