Case: Jovanovic v. City of New York

1:04-cv-08437 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 28, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 28, 2004, an instructor of microbiology and immunology at Columbia University filed a lawsuit in the U.S. District Court for the Southern District of New York against the City of New York under 42 U.S.C. §1983. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that he was denied his constitutional due process right to a fair trial and was unlawfully incarcerated for 20 months due to the practices and policies of the City o…

This case originated with a claim of sexual assault against the plaintiff, who was at that time a doctoral student at Columbia University. The victim, an undergraduate student at Barnard College, alleged that the plaintiff assaulted her for nearly twenty hours, stating that she had been tied up, violently raped and sodomized, beaten multiple times with a club, burned with candle wax and repeatedly gagged. A Grand Jury indicted the plaintiff on December 19, 1996 and at trial, a jury found the plaintiff guilty of kidnapping, assault and sexual assault. He was sentenced on May 29, 1998 to fifteen years to life in prison.

On appeal, the Appellate Division, First Department, of the New York Supreme Court vacated the conviction due to errors in the trial court regarding the judge's application of rape-shield law. See People v. Jovanovic, 700 N.Y.S.2d 156 (1st Dept 1999). This led to a reversal of the plaintiff's conviction in December, 1999 and a remand for a new trial. On November 1, 2001 the state dismissed all charges against the plaintiff after the victim refused to testify.

On October 28, 2004, the plaintiff filed suit under 42 U.S.C §1983 and 42 U.S.C §1988, seeking $20 million dollars in damages plus attorney's fees. Specifically, the plaintiff stated multiple claims against a New York Police Department Detective for false arrest, malicious prosecution, malicious abuse of process, and denial of a fair trial. The plaintiff also claimed that the Assistant District Attorney (ADA) assigned to the case deprived the plaintiff of his right to a fair trial. Lastly, the plaintiff claimed that the City of New York maintained policies and customs that gave rise to the violation of the plaintiff's constitutional rights.

On December 21, 2009, defendants moved for summary judgment on all of the plaintiff's claims. Critical to the plaintiff's claims against the NYPD Detective was the plaintiff's allegation that the Detective fabricated evidence regarding the presence of candles in the plaintiff's apartment and that this false information unfairly influenced the jury, depriving the plaintiff of his right to a fair trial.

The District Court found that the Detective's allegedly false testimony could not, by itself, have resulted in the deprivation of the plaintiff's liberty because it was material to only one of the eleven charges against him. Additionally, probable cause is a complete defense to malicious prosecution and malicious abuse of process claims under New York law. Because a Grand Jury indictment creates a presumption of probable cause that the plaintiff failed to rebut, the District Court granted summary judgment to the defendant on both these claims.

The plaintiff also alleged that the Assistant District Attorney assigned to his criminal trial made extrajudicial statements that violated the ADA's ethical responsibilities and deprived the plaintiff of a fair trial. Although the plaintiff demonstrated that the ADA did make statements to the press, he failed to show that any juror was prejudiced by the ensuing news coverage. Accordingly, the District Court held that no reasonable juror could find that the plaintiff had been deprived of his right to a fair trial.

The plaintiff also sought to hold the New York District Attorney's Office and the New York Police Department liable for the allegedly unconstitutional acts of its agents. The plaintiff claimed that these municipal entities had official policies or customs of making inflammatory statements to the press that were prejudicial against defendants, which deprived them of their constitutional right to a fair trial. While the plaintiff had examples of such improper leaks in the instant case, the District Court found that the plaintiff failed to provide evidence that would adequately prove a policy or custom of the agencies in question.

On September 28, 2012, the District Court (Judge Paul A. Crotty) ruled in favor of the defendants, and granted their motion for summary judgment in its entirety. The plaintiff appealed the decision to the U.S. Court of Appeals for the Second Circuit, which on August 28, 2012, affirmed the District Court's grant of summary judgment.

Summary Authors

Kayla Arslanian (2/21/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4328472/parties/jovanovic-v-city-of-new-york/

Judge(s)

Attorney for Plaintiff

Abady, Jonathan S. (New York)

Attorney for Defendant

Akina, William Keaupuni (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Aroubas, Shlomit (New York)

Expert/Monitor/Master/Other

Judge(s)

Crotty, Paul Austin (New York)

Jacobs, Dennis G. (New York)

Walker, John Mercer Jr. (New York)

Wesley, Richard C. (New York)

Attorney for Plaintiff

Abady, Jonathan S. (New York)

Greenberger, Debra L. (New York)

Norinsberg, Jon Louis (New York)

Attorney for Defendant

Akina, William Keaupuni (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Aroubas, Shlomit (New York)

Ashanti, Karl J. (New York)

Bahrenburg, Richard (New York)

Bardauskis, Elizabeth Barrett (New York)

Bauman, Wesley Eugene (New York)

Beath, Patrick Neil (New York)

Beck, Curt Peter (New York)

Birnbaum, Brooke Allyson (New York)

Blackman, Duane G. (New York)

Blocker, Tanya N (New York)

Bogni, Jason Robert (New York)

Bouriat, Christopher Saleh (New York)

Braun, Daniel Michael (New York)

Breslow, Stephanie Marie (New York)

Bridge, Matthew (New York)

Brocker, Peter William (New York)

Brooks, Jeffrey Charles (New York)

Brustein, Evan (New York)

Bruzzese, Sheryl Ann (New York)

Budhu, Ryan (New York)

Cahill, Kathleen J. (New York)

Calistro, Phyllis Gail (New York)

Catalano, Thomas A. (New York)

Cavalieri, Meghan Ann (New York)

Ceriello, Colin M. (New York)

Chen, Caroline Ling-Yu (New York)

Chestnov, Michael (New York)

Cheung, Carla Lyn (New York)

Chiu, Daniel (New York)

Clark, Shawn Raymond (New York)

Cohen, Jessica Talia (New York)

Cooper, David Allen (New York)

Correia, Doreen J. (New York)

Corsi, Alexandra (New York)

Coyne, Jennifer Angela (New York)

Daitz, Elizabeth M. (New York)

D'Andrea, Theresa Jeanine (New York)

Deatley, Tavish C. (New York)

DeCastro, Maria Fernanda (New York)

Deconinck, Magda M. (New York)

DePaul, Philip Rudolph (New York)

DiSenso, Anthony M. (New York)

Dollin, Elizabeth Wizeman (New York)

Eichenholtz, Eric Jay (New York)

Fabian, Shawn (New York)

Ferrari, David (New York)

Fleming, Michael Friel (New York)

Fogarty, Peter John (New York)

Francolla, Brian Christopher (New York)

Frank, Philip S. (New York)

Friedman, Joshua Mathew (New York)

Friedman, Steven A. (New York)

Frommer, Hillary A. (New York)

Garman, Ashley Rebecca (New York)

Gatz, Lara Treinis (New York)

Gertzer, Michael Keith (New York)

Gomez-Sanchez, Daniel Sergio (New York)

Goykadosh, Brachah (New York)

Grey, William A (New York)

Gross, Felicia (New York)

Grossberg, Amy (New York)

Grossman, Heidi (New York)

Gutmann, Joseph Aaron (New York)

Haber, Erica Michelle (New York)

Halatyn, Susan M. (New York)

Harvis, Gabriel Paul (New York)

Hazan, David M. (New York)

Helferich, Joanna R. (New York)

Hoey, Thomas M. (New York)

Hoffman, Beth J (New York)

Hudson, Maurice L. (New York)

Jenerette, Tonya (New York)

Johnson, Paul Hasan (New York)

Julie, Richard Spencer (New York)

Kim, Phillip C. (New York)

Kirkpatrick, Steven Nelson (New York)

Kitzinger, Stephen Edward (New York)

Klein, Brett H. (New York)

Koster, Jeannette Arlin (New York)

Kovel, David E (New York)

Krasnow, Elizabeth N. (New York)

Kroll, Jason Aaron (New York)

Kunz, Morgan David (New York)

Kuruvilla, Ben (New York)

Lambros, John M. (New York)

Larkin, Arthur G. III (New York)

Lax, Joshua J. (New York)

Leist, Alexis L. (New York)

Lichterman, Ariel Shaun (New York)

LoPalo, Christopher R. (New York)

Lulich, Aimee Kara (New York)

MacFarlane, Katherine Alice (New York)

Mahon, Pamela Lynam (New York)

Markos, Dimitrios T. (New York)

Marquez, Jorge (New York)

Maxey, Brian G. (Washington)

Mbabazi, Deborah L. (New York)

McCann, Max Oliver (New York)

McMahon, Kate Fay (New York)

McQueen, Matthew W (New York)

Mendez, Ivan A (New York)

Mindrutiu, Linda Margareta (New York)

Mirabile, Catherine Mary (New York)

Modafferi, Matthew J. (New York)

Moretti, Barbara (New York)

Morgan, Brian K. (New York)

Moscow, Ann (New York)

Mou, David (New York)

Mouton, Gregory Paul (New York)

Moy, Gary (New York)

Myerberg, Andrew (New York)

Myrvold, Barry K. (New York)

Najib, Mona Vivian (New York)

Nam, Rosemari Y. (New York)

Neary, Virginia M. (New York)

Nelson, Genevieve (New York)

Nemetz, Mark John (New York)

Nimick, Virginia Jackson (New York)

Noble, Alexander Macrae (New York)

O'Flynn, Mary Theresa (New York)

Okereke, Amy Nkemka (New York)

Okoh, Okwede N (New York)

Oliner, Daniel H. (New York)

Owen, Andrew Galway (New York)

Passeser, Daniel Louis (New York)

Pierre, Lucienne (New York)

Pollack, David Michael (New York)

Rabinowitz, Lisa Susan (New York)

Richardson, Lisa Marie (New York)

Rosencrantz, Caryn A. (New York)

Rossan, Jennifer Amy (New York)

Ryan, Erin T. (New York)

Saleem, Afsaan (New York)

Santiago, Leticia Joy (New York)

Sarpong, Nana Kwame (New York)

Scharfstein, Susan P. (New York)

Scheiner, Alan H. (New York)

Schuman, Jennifer Helen (New York)

Scotti, Steven M. (New York)

Seemen, Karen Jayne (New York)

Seligman, Rachel Amy (New York)

Shaffer, Ryan Glenn (New York)

Shoffel, Amanda (New York)

Shull, Hugh H. (New York)

Siddiqi, Omar Javed (New York)

Siskind, Shira Rachel (New York)

Smith, Jordan Michael (New York)

Smith, Katherine Elizabeth (New York)

Smith-Williams, Qiana Charmaine (New York)

Snow, Keith M. (New York)

Sohn, Liza Jin (New York)

Stackhouse, Noreen M. (New York)

Stein, Matthew E. (New York)

Steiner, Norman (New York)

Stern, Steven C (New York)

Stockman, Benjamin E. (New York)

Strikowsky, Bruce Michael (New York)

Sud, Sumit (New York)

Sundaran, Raju (New York)

Swartz, Rhiana L. (New York)

Telfort, Pernell Michael (New York)

Weir, Matthew Charles (New York)

Weiss, Dara Lynn (New York)

Weiss, Jed Matthew (New York)

Weng, Jenny (New York)

York, City of (New York)

Zgodny, Vicki Becker (New York)

Zimmerman, Tobias Eli (New York)

Zuber, Hugh A. (New York)

Other

Cardozo, Michael A. (New York)

Griffin, Karen M. (New York)

White, Diarmuid (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:04-cv-08437	Docket [PACER]	Aug. 28, 2012	Aug. 28, 2012 Docket
1 1:04-cv-08437	Complaint	Oct. 28, 2004	Oct. 28, 2004 Complaint
40 1:04-cv-08437	Amended Complaint	Sept. 18, 2006	Sept. 18, 2006 Complaint
124 1:04-cv-08437	Order	Sept. 28, 2010	Sept. 28, 2010 Order/Opinion 2010 WL 8500283
128 1:04-cv-08437	Mandate U.S. Court of Appeals for the Second Circuit	Aug. 28, 2012	Aug. 28, 2012 Order/Opinion 486 Fed.Appx. 149

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328472/jovanovic-v-city-of-new-york/

Last updated March 29, 2026, 4:31 a.m.

ECF Number	Date	Description	Link
1	Oct. 28, 2004	COMPLAINT against Milton Bonilla, City of New York, Linda Fairstein, Gail Heatherly. (Filing Fee $ 150.00, Receipt Number 524659)Document filed by Oliver Jovanovic.(gf, ) (Entered: 10/28/2004)	RECAP
	Oct. 28, 2004	SUMMONS ISSUED as to Milton Bonilla, City of New York, Linda Fairstein, Gail Heatherly. (gf, )
	Oct. 28, 2004	Magistrate Judge Douglas F. Eaton is so designated. (gf, )
	Oct. 28, 2004	Case Designated ECF. (gf, )
2	Nov. 2, 2004	AFFIDAVIT OF SERVICE. City of New York served on 10/28/2004, answer due 11/17/2004. Service was accepted by Madelyn Santana, Clerk authorized to accept service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)	RECAP
3	Nov. 2, 2004	AFFIDAVIT OF SERVICE. Milton Bonilla served on 10/29/2004, answer due 11/18/2004. Service was accepted by Det. Lane. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)	RECAP
4	Nov. 2, 2004	AFFIDAVIT OF SERVICE. Linda Fairstein served on 10/28/2004, answer due 11/17/2004. Service was accepted by Sara NIcole Doris, co-worker authorized to accept service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)	RECAP
5	Nov. 2, 2004	AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)	RECAP
6	Nov. 2, 2004	AFFIDAVIT OF SERVICE. Gail Heatherly served on 10/28/2004, answer due 11/17/2004. Service was accepted by Sara Nicole Doris, co-worker authorized to accept service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)	RECAP
7	Nov. 2, 2004	AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)	RECAP
10	Nov. 19, 2004	ENDORSED LETTER addressed to Judge Richard C. Casey from Leah Bynon dated 11/17/04 re: counsel for dft City of New York requests a 60 day extension of time to answer or therwise respond to the complaint until 1/18/05. Application granted. Dft's time to answer or otherwise respond to the complaint is extended to 1/18/05. So Ordered. (Signed by Judge Richard C. Casey on 11/18/04) (dle, ) (Entered: 12/20/2004)	RECAP
	Nov. 19, 2004	Set Answer Due Date purs. to 10 Endorsed Letter, as to Milton Bonilla answer due on 1/18/2005; City of New York answer due on 1/18/2005; Linda Fairstein answer due on 1/18/2005; Gail Heatherly answer due on 1/18/2005. (dle, )
8	Nov. 30, 2004	ENDORSED LETTER addressed to Judge Richard C. Casey from Michael Morgan dated 11/22/04 re: counsel for dfts requests a sixty day extension of the original deadline to answer o otherwise respond to the complaint until 1/17/05. Application granted. Time to respond extended to 1/17/05. (Signed by Judge Richard C. Casey on 11/29/04) (dle, ) (Entered: 11/30/2004)	RECAP
9	Nov. 30, 2004	ENDORSED LETTER addressed to Judge Richard C. Casey from Michael Morgan dated 11/22/04 re: counsel for dfts requests an extension of time to answer or otherwise respond to the complaint on behalf of ADA Heatherly. Application granted. Time to respond extended to 1/17/05. (Signed by Judge Richard C. Casey on 11/29/04) (dle, ) (Entered: 12/03/2004)	RECAP
	Nov. 30, 2004	Set Answer Due Date purs. to 8 Endorsed Letter, as to Gail Heatherly answer due on 1/17/2005. (dle, )
	Nov. 30, 2004	Set Answer Due Date purs. to 9 Endorsed Letter, (dle, )
11	Jan. 18, 2005	WITHDRAWAL OF CLAIM. Document filed by Gail Heatherly. (Morgan, Michael) (Entered: 01/18/2005)	RECAP
12	Jan. 18, 2005	ENDORSED LETTER addressed to Judge Richard C. Casey from Leah Bynon dated 1/13/05 re: counsel for dfts requests an extension of time until 3/18/05 to submit their response to plaintiff's complaint. The court will resolve this issue at a conference scheduled for 1/21/05 in courtroom 14C at 9:30 a.m. (The date the answer will be due will be determined at the conference) So Ordered. (Signed by Judge Richard C. Casey on 1/18/05) (dle, ) (Entered: 01/20/2005)	RECAP
13	Jan. 18, 2005	ENDORSED LETTER addressed to Hon. Richard C. Casey from Leah A. Bynon dated 1/13/05 re: request for an extension of time to submit their response to plaintiff's complaint. The Court will resolve this issue at a conference scheduled for Friday, 1/21/05, in Courtroom 14C at 9:30 a.m. (the date the answer will be due will be determined at the conference) (Signed by Judge Richard C. Casey on 1/18/05) (yv, ) (Entered: 01/20/2005)	RECAP
14	Jan. 20, 2005	AFFIDAVIT OF SERVICE. Milton Bonilla served on 1/20/2005, answer due 2/9/2005. Service was accepted by LT. Daniel Albano, Civil Attorney Authorized to Accept Service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 01/20/2005)	RECAP
	Jan. 21, 2005	Minute Entry for proceedings held before Judge Richard C. Casey : Initial Pretrial Conference held on 1/21/2005. Discovery cut-off 7/21/05. Conference adjourned until 3/4/05 for parties to file motions. Compliance conference set for 7/22/05 @ 9:30 a.m. (jco, )
	Jan. 21, 2005	Minute Entry for proceedings held before Judge Richard C. Casey : Initial Pretrial Conference held on 1/21/2005. Discovery cut-off is 7/21/05. Conference adjourned until 3/4/05 for parties to file motions. Compliance conference set for 7/22/05 @ 9:30 a.m. (jco, )
15	Jan. 24, 2005	CASE MANAGEMENT PLAN: Amended Pleadings due by 3/4/2005. Discovery due by 7/21/2005. Case Management Conference set for 7/22/2005 09:30 AM before Judge Richard C. Casey; first request for production of documents to be served by 4/4/05; interrogatories to be served by 4/4/05; depositions to be completed by 7/21/05; experts are to be designated by 5/30/05; experts' reports exchanged no later than 5/30/05; requests to admit are to be served no later than 6/30/05. (Signed by Judge Richard C. Casey on 1/21/05) (dle, ) (Entered: 01/24/2005)	RECAP
16	March 4, 2005	ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 3/3/05 re: Counsel for City of New York write jointly to request an adjournment of the 3/4/05 conference. Application granted in part. The 3/4/05 conference is canceled. A pre-motion conference (to set a briefing schedule) will be required before defendants may file a 12(c) motion. Defendant's time to answer is extended to 3/23/05. So Ordered. (Signed by Judge Richard C. Casey on 3/4/05) (jco, ) (Entered: 03/11/2005)	RECAP
	March 4, 2005	Set Answer Due Date purs. to 16 Endorsed Letter, as to City of New York answer due on 3/23/2005. (jco, )
17	March 24, 2005	ENDORSED LETTER addressed to Judge Casey from Leah A. Bynon dated 03/23/05 re: granting counsel's application for an extension of time to file that answer to complaint until Monday, March 28, 2005. (Signed by Judge Richard C. Casey on 3/23/05) (djc, ) (Entered: 03/25/2005)	RECAP
	March 24, 2005	Set Answer Due Date purs. to 17 Endorsed Letter, as to City of New York answer due on 3/28/2005; Milton Bonilla answer due on 3/28/2005; Linda Fairstein answer due on 3/28/2005. (djc, )
18	March 30, 2005	ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 3/28/05, City of New York answer due 4/1/2005; Milton Bonilla answer due 4/1/2005; Linda Fairstein answer due 4/1/2005; Gail Heatherly answer due 4/1/2005. (Signed by Judge Richard C. Casey on 3/28/05) (sac, ) (Entered: 03/31/2005)	RECAP
19	April 5, 2005	ANSWER to Complaint with JURY DEMAND. Document filed by City of New York, Milton Bonilla, Linda Fairstein.(Bynon, Leah) (Entered: 04/05/2005)	RECAP
20	May 31, 2005	ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 5/27/05 re: a premotion conference is hereby scheduled for 6/24/05 at 9:30 a.m. in Courtroom 14C. (Signed by Judge Richard C. Casey on 5/31/05) (db, ) (Entered: 06/01/2005)	RECAP
	June 24, 2005	Minute Entry for proceedings held before Judge Richard C. Casey : Initial Pretrial Conference held on 6/24/2005. The court stays all discovery. Dfts. makes an application to file a motin to dismiss. Court grants application and sets motion deadlines: motion due by 7/8/05; response by 8/13/05; reply by 8/15/05. (dle, )
21	July 7, 2005	ENDORSED LETTER addressed to Judge Casey from Leah A. Bynon dated 7/3/05 re: Application granted. Motion to be served July 28, 2005; Opposition to be served August 28, 2005; Reply due September 6, 2005. (Signed by Judge Richard C. Casey on 7/6/05) (djc, ) (Entered: 07/08/2005)	RECAP
22	July 25, 2005	ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 7/22/05 re: Application GRANTED. Defendants motion due 8/18/05; Plaintiffs opposition dus 9/28/05; Defendants reply due 10/5/05. (Signed by Judge Richard C. Casey on 7/25/05) (db, ) (Entered: 07/26/2005)	RECAP
	July 25, 2005	Set/Reset Deadlines: Motions due by 8/18/2005. Replies due by 10/5/2005. Responses due by 9/28/2005 (db, )
23	Aug. 16, 2005	ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 8/16/05 re: Application granted; dfts motion due 9/1/05; plaintiff's reply due 10/14/05; dfts reply due 10/21/05; conference scheduled for Thrusday, 9/8/05 @1:00 a.m.. (Signed by Judge Richard C. Casey on 8/16/05) (pl, ) Modified on 8/17/2005 (pl, ). (Entered: 08/17/2005)	RECAP
24	Aug. 30, 2005	ENDORSED LETTER addressed to Judge Casey from Leah A. Bynon dated 8/30/05 re: defendant requests an additional 10 pages for defendants' memorandum of law in support of their motion to dismiss. Application denied.. (Signed by Judge Richard C. Casey on 8/30/05) (djc, ) (Entered: 08/31/2005)	RECAP
25	Sept. 8, 2005	NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Richard C. Casey no longer assigned to the case. (laq, ) (Entered: 09/14/2005)	RECAP
	Sept. 14, 2005	Mailed notice to the attorney(s) of record. (laq, )
	Oct. 13, 2005	Minute Entry for proceedings held before Judge Paul A. Crotty : Status Conference held on 10/13/2005. Mr Norinsberg, Plaintiffs counsel, was directed to look into the Second Circuit case :Sarit Shmueli -v- City of New York 03-0287; West Law: 2005 WL 2224979. If plaintiff needs more time to file its motion due to the aforementioned court of appeals case, please contact Mr. Marlon Ovalles, Courtroom Deputy at (212) 805-6312 to amend the current briefing schedule. (mov, )
26	Oct. 21, 2005	ENDORSED LETTER: Defendants request a 2 week extension until 11/04/05 to submit their reply papers. ENDORSEMENT: Defendants' time to respond is extended to 11/04/05. So Ordered. (Signed by Judge Paul A. Crotty on 10/21/2005) (mov, ) (Entered: 10/21/2005)	RECAP
27	Nov. 1, 2005	ENDORSED LETTER addressed to Judge Crotty from Leah A. Bynon dated 10/31/2005 re: Defendants respectfully request an additional one week extention of time to reply until November 11, 2005.ENDORSEMENT: The City defendants' time to file reply papers is extended to November 11, 2005. (Signed by Judge Paul A. Crotty on 11/01/2005) (mov, ) (Entered: 11/01/2005)	RECAP
28	Nov. 10, 2005	ENDORSED LETTER addressed to Judge Crotty from Leah A. Bynon dated 11/09/2005 re: Defendants request an additional one week extension of time to reply until November 18, 2005.ENDORSEMENT: Defendants time to respond is extended to November 23, 2005. So Ordered (Signed by Judge Paul A. Crotty on 11/10/2005) (mov, ) (Entered: 11/10/2005)	RECAP
29	Nov. 23, 2005	FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Pursuant to Rule 12(c). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Affidavit Notice of Motion, Declaration and Exhibits (Part I)# 2 Exhibit Exhibits to Declaration (Part II))(Scheiner, Alan) Modified on 12/1/2005 (kg, ). (Entered: 11/23/2005) 2 Affidavit Notice of Motion, Declaration and Exhibits (Part I) View on PACER 3 Exhibit Exhibits to Declaration (Part II) View on PACER	RECAP
30	Nov. 23, 2005	FIRST REPLY MEMORANDUM OF LAW in Support re: 29 FIRST MOTION to Dismiss Pursuant to Rule 12(c).. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 11/23/2005)	RECAP
31	Nov. 28, 2005	FIRST MEMORANDUM OF LAW in Opposition re: 29 FIRST MOTION to Dismiss Pursuant to Rule 12(c).. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/28/2005)	RECAP
	Dec. 1, 2005	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Alan Scheiner to RE-FILE Document 29 FIRST MOTION to Dismiss Pursuant to Rule 12(c). ERROR(S): Filing Error of Attachments. Memorandum of Law in support of Motion and Declarations must be filed separately. (kg)
32	Dec. 2, 2005	FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c) Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Exhibit Part 2 of Supporting Declaration and Exhibits of Leah Bynon Attached to Notice of Motion)(Scheiner, Alan) Modified on 12/8/2005 (kg). (Entered: 12/02/2005) 2 Exhibit Part 2 of Supporting Declaration and Exhibits of Leah Bynon Attached to View on PACER	RECAP
33	Dec. 2, 2005	FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss (Memorandum of Law in Support of Motion Pursuant to Rule 12(c). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) Modified on 12/8/2005 (kg). (Entered: 12/02/2005)	RECAP
	Dec. 8, 2005	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Alan Scheiner to RE-FILE Document 32 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c). ERROR(S): Filing Error of Attachment. Declaration in support of motion must be filed separately. (kg)
	Dec. 8, 2005	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Alan Scheiner to RE-FILE Document 33 FIRST MOTION to Dismiss (Memorandum of Law in Support of Motion Pursuant to Rule 12(c). Use the document type Memorandum of Law in Support of motion found under the document list Responses and Replies. (kg)
34	Dec. 13, 2005	FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 12/13/2005)	RECAP
35	Dec. 13, 2005	FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss (Memorandum in Support). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) Modified on 12/29/2005 (kw, ). (Entered: 12/13/2005)	RECAP
36	Dec. 13, 2005	AFFIDAVIT of Leah Bynon in Support re: 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c)., 35 FIRST MOTION to Dismiss Memorandum in Support.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Exhibit Part 2 of Exhibits to Declaration of Leah Bynon)(Scheiner, Alan) (Entered: 12/13/2005) 2 Exhibit Part 2 of Exhibits to Declaration of Leah Bynon View on PACER	RECAP
	Dec. 29, 2005	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Kenneth Labbate to RE-FILE Document 35 FIRST MOTION to Dismiss Memorandum in Support. Use the document type Memorandum of Law in Support of Motion found under the document list Responses and Replies. (kw, ) Modified on 12/29/2005 (kw, ).
37	Jan. 10, 2006	FIRST MEMORANDUM OF LAW in Support re: 33 FIRST MOTION to Dismiss --Memorandum of Law in Support of Motion Pursuant to Rule 12(c)., 29 FIRST MOTION to Dismiss Pursuant to Rule 12(c)., 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c)., 32 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c)., 35 FIRST MOTION to Dismiss Memorandum in Support.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 01/10/2006)	RECAP
	Jan. 20, 2006	Minute Entry for proceedings held before Judge Paul A. Crotty : Remark: Oral argument heard on defendant's motion to dismiss. Judge's decision is reserved.Oral Argument held on 1/20/2006 re: 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c). filed by City of New York,, Linda Fairstein,, Milton Bonilla,. (Court Reporter Carol Gangley) (mov, )
38	Aug. 15, 2006	TRANSCRIPT of proceedings held on 1/20/2006 before Judge Paul A. Crotty. (jmi, ) (Entered: 08/15/2006)	RECAP
39	Aug. 17, 2006	MEMORANDUM AND OPINION AND ORDER The Court denies defendants' motion for judgment on the pleadings as to plaintiff's claims for false arrest, malicious prosecution and denial of a right to fair trial against Bonilla and his claim for denial of a fair against Fairstein. The Court grants judgment on the pleadings in favor of Bonilla on plaintiff's claim for malicious abuse of process, without prejudice to repleading the third element of the claim. So Ordered. (Signed by Judge Paul A. Crotty on 8/17/06) (jco, ) (Entered: 08/21/2006)	RECAP
40	Sept. 18, 2006	AMENDED COMPLAINT amending 1 Complaint against City of New York, Milton Bonilla, Linda Fairstein, Gail Heatherly.Document filed by Oliver Jovanovic. Related document: 1 Complaint filed by Oliver Jovanovic.(db, ) Additional attachment(s) added on 9/20/2006 (db, ). (Entered: 09/19/2006)	RECAP
41	Sept. 27, 2006	AFFIDAVIT OF SERVICE. City of New York served on 9/20/2006, answer due 10/10/2006. Service was accepted by Madelyn Santana, Clerk Authorized to Accept. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 09/27/2006)	RECAP
42	Oct. 11, 2006	ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 10/4/2006 re: request that the Court extend the time for the City to respond to the amended complaint from 10/2/2006 to 11/20/2006. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Paul A. Crotty on 10/11/2006) (lb, ) (Entered: 10/16/2006)	RECAP
	Oct. 11, 2006	Set Answer Due Date purs. to 42 Endorsed Letter, as to City of New York answer due on 11/20/2006. (lb, )
43	Nov. 17, 2006	ANSWER to Amended Complaint. Document filed by City of New York, Milton Bonilla, Linda Fairstein, Gail Heatherly.(Hazan, David) (Entered: 11/17/2006)	RECAP
44	Dec. 8, 2006	CASE MANAGEMENT PLAN: Discovery due by 5/29/2007. Case Management Conference set for 4/19/2007 03:00 PM before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 12/8/2006) (jmi, ) (Entered: 12/11/2006)	RECAP
45	March 7, 2007	ENDORSED LETTER addressed to Judge Crotty from Alan H. Scheiner (03/01/2007) and Jon Norinsberg Letter (dated 03/05/2007) re: Request for a pre-motion conference in order to move for Reconsideration. ENDORSEMENT: The Court has reviewed this letter and plaintiffs letter of March 5, 2007 in opposition. There is no need for a promotion conference, and defendants may move for reconsideration of the Courts August 2006 order in light of Wallace v. Kato. The Court is particularly interested in the parties views as to claims are subject to Wallace v Kato and which claims, if any survive. The parties should meet and confer on an appropriate schedule for submission to the Court. So Ordered. (Signed by Judge Paul A. Crotty on 03/07/2007) (mov) (Entered: 03/08/2007)	RECAP
46	March 15, 2007	ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 3/15/07 re: Application GRANTED. Defendant's moving papers (reconsideration) due 4/9/07; plaintiff's opposition due 5/9/07; reply due 5/23/07. (Signed by Judge Paul A. Crotty on 3/15/07) (db) (Entered: 03/15/2007)	RECAP
	March 15, 2007	Set/Reset Deadlines: Motions due by 4/9/2007. Replies due by 5/23/2007. Responses due by 5/9/2007 (db)
	March 17, 2007	Calendar Entry (email sent by chambers to counsel): Conference set for April 19, 2007 at 03:00 p.m (see CCMP dated 12/08/2007 document # 44 on ECF) is cancelled without a new date. (mov)
47	April 2, 2007	ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 4/2/2007 re: to respectfully request a one-week adjournment of the briefing schedule for the defendants' motion.Motions due by 4/16/2007.,Replies due by 5/30/2007.,Responses due by 5/16/2007ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/2/2007) (jmi) (Entered: 04/03/2007)	RECAP
48	May 9, 2007	FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - SECOND MOTION for Extension of Time to File Response/Reply (Letter requesting adjournment of time). Document filed by Oliver Jovanovic. Return Date set for 5/16/2007 05:00 PM.(Norinsberg, Jon) Modified on 5/10/2007 (KA). (Entered: 05/09/2007)	RECAP
49	May 9, 2007	ENDORSED LETTER addressed to Judge Paul A. Crotty from Jon L. Norinsberg dated 5/8/2007 re: request a two-week adjournment of plt's deadline to respond to defts' motion for reconsideration, which is currently due on 5/16/2007. Endorsement: Application Granted. SO ORDERED. Plt's Responses due by 6/1/2007. Deft's Reply due by 6/18/2007. (Signed by Judge Paul A. Crotty on 5/9/2007) (jar) (Entered: 05/10/2007)	RECAP
	May 10, 2007	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jon Louis Norinsberg to MANUALLY RE-FILE Document No. 48 Letter. This document is not filed via ECF. (KA)
50	May 29, 2007	SECOND MOTION for Extension of Time to File Response/Reply. Document filed by Oliver Jovanovic.Return Date set for 6/1/2007 05:00 PM.(Norinsberg, Jon) (Entered: 05/29/2007)	RECAP
51	May 31, 2007	ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 5/31/07 re: joint application for a stay of discovery during the pendency of the current motion for reconsideration. } Application GRANTED. (Signed by Judge Paul A. Crotty on 5/31/07) (db) (Entered: 06/01/2007)	RECAP
52	June 4, 2007	ENDORSED LETTER addressed to Judge Denny Chin from Jon L. Norisberg dated 5/29/07 re: counsel for plaintiff requests (with consent) an extension of time to file a response to defendant's Motion for Reconsideration. } Application GRANTED. Plaintiff's opposition due 6/8/07; defendant's reply due 6/25/07.Replies due by 6/25/2007. Responses due by 6/8/2007 (Signed by Judge Paul A. Crotty on 6/4/07) (db) (Entered: 06/05/2007)	RECAP
53	June 8, 2007	MEMORANDUM OF LAW in Opposition re: 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c). In Opposition to Defendants' Motion for Reconsideration. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 06/08/2007)	RECAP
54	June 8, 2007	DECLARATION of Jon L. Norinsberg in Opposition re: 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c).. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 06/08/2007)	RECAP
55	June 19, 2007	ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 6/19/07 re: Counsel writes to request one-week extension to submit their reply to plaintiff's opposition to defendants' motion for reconsideration to 7/2/07. ENDORSEMENT: Application granted. So Ordered. Set Deadlines/Hearing as to Replies due by 7/2/2007. (Signed by Judge Paul A. Crotty on 6/19/07) (jco) (Entered: 06/20/2007)	RECAP
56	June 29, 2007	ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 6/29/07 re: Counsel for defendant requests a one week extension of the current deadline for defendants to submit their reply to plaintiff's Opposition to defendants' motion for reconsideration, from July 2, 2007 to July 9, 2007. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge Paul A. Crotty on 6/29/07) (js) (Entered: 07/02/2007)	RECAP
57	July 9, 2007	FIRST MOTION for Reconsideration of the Court's Order of August 17, 2006 Regarding the Statute of Limitations. Document filed by City of New York, Milton Bonilla, Linda Fairstein.(Scheiner, Alan) (Entered: 07/09/2007)	RECAP
58	July 9, 2007	FIRST MEMORANDUM OF LAW in Support re: 57 FIRST MOTION for Reconsideration of the Court's Order of August 17, 2006 Regarding the Statute of Limitations.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 07/09/2007)	RECAP
59	July 9, 2007	FIRST REPLY MEMORANDUM OF LAW in Support re: 57 FIRST MOTION for Reconsideration of the Court's Order of August 17, 2006 Regarding the Statute of Limitations.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 07/09/2007)	RECAP
60	Sept. 6, 2007	NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of City of New York, Milton Bonilla, Linda Fairstein (Larkin, Arthur) (Entered: 09/06/2007)	RECAP
61	Sept. 11, 2007	NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of City of New York, Milton Bonilla, Linda Fairstein (djc) (Entered: 09/13/2007)	RECAP
62	Feb. 7, 2008	ORDER: Defendants' motion for reconsideration is GRANTED with respect to the false arrest claim and DENIED in all other respects. A Pretrial Conference will go forward on Thursday, March 13, 2008, at 2:15 P.M. in Courtroom 20-C. Requests for adjournments will not be considered unless the party requesting the adjournment complies with Rule 1E of Judge Crottys Individual Practices. The Clerk of Court shall terminate this motion for reconsideration. (Signed by Judge Paul A. Crotty on 02/07/2008) (mov) (Entered: 02/07/2008)	RECAP
	Feb. 7, 2008	Set Deadlines/Hearings: Pretrial Conference set for 3/13/2008 at 02:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (mov)
	March 13, 2008	Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference held on 3/13/2008. REMARK: Counsel for both parties shall meet and confer, and submit a Revised Civil Case Management Plan (RCCMP) for approval. The RCCMP should reflect that a trial in this matter will take place in late September 2008 or early October 2008. See transcript for complete details of this conference. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php - - with respect to ordering a transcript of a recorded proceeding via Court flow). (mov)
63	April 2, 2008	REVISED CIVIL CASE MANAGEMENT PLAN: Amended Pleadings due by 5/1/2008. Joinder of Parties due by 5/1/2008. Motions due by 5/1/2008. Case Management Conference set for 7/16/2008 at 02:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. Discovery due by 9/30/2008. (Signed by Judge Paul A. Crotty on 4/2/08) (js) (Entered: 04/02/2008)	RECAP
64	June 9, 2008	FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Brian Guenther Maxey on behalf of City of New York, Milton Bonilla, Linda Fairstein (Maxey, Brian) Modified on 6/10/2008 (db). (Entered: 06/09/2008)	RECAP
	June 10, 2008	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Brian Guenther Maxey to RE-FILE Document 64 Notice of Appearance. ERROR(S): No attorney signature or s/. (db)
65	June 20, 2008	NOTICE OF APPEARANCE by Brian Guenther Maxey on behalf of City of New York, Milton Bonilla, Linda Fairstein (Maxey, Brian) (Entered: 06/20/2008)	RECAP
	June 24, 2008	Calendar Entry: Pre-Motion Conference set for 6/30/2008 at 02:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (Set via e-mail by Marlon Ovalles - Courtroom Deputy). (mov)
	June 30, 2008	Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference held on 6/30/2008. REMARK: The parties were directed to have another meet and confer session on the issues mentioned in open court. The Court will schedule another conference, if needed; after the parties session is deemed complete. See transcript for complete details of this conference. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via "Courtflow." (mov)
	July 11, 2008	Calendar Entry DATE AND COURTROOM CHANGE: Pretrial Conference set for 8/13/2008 at 04:45 PM (NOT 07/16/2008) in Courtroom 11-C (NOT 20-C), 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (reset via e-mail by Marlon Ovalles - Courtroom Deputy). (mov)
	Aug. 5, 2008	Calendar Entry: Pretrial Conference set for 8/18/2008 at 03:15 PM in Courtroom 11- C (NOT 20-C), 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (set via e-mail by: Marlon Ovalles - Courtroom Deputy). (mov)
	Aug. 18, 2008	Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference held on 8/18/2008. The parties shall submit a Revised Civil Case Management Plan. Jury Trial set for March 23, 2009 at 9:30 AM. See transcript for complete details of this conference. Visit http://www1.nysd.uscourts.gov/courtrm_tech.php with respect to ordering a transcript of a recorded proceeding via Courtflow. (mov)
66	Aug. 26, 2008	REVISED CIVIL CASE MANAGEMENT PLAN: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within thirty (30) days from the date of this Order. All fact discovery shall be completed no later than 1/30/2009. All expert discovery shall be completed no later than 10/31/2008. The next Case Management is scheduled got Wednesday, 12/7/08 at 2:30 pm in Courtroom 20-C. (Signed by Judge Paul A. Crotty on 8/26/2008) (tve) (Entered: 08/26/2008)	RECAP
	Dec. 16, 2008	Calendar Entry: PTC REMINDER: Status Conference set for Wednesday, December 17, 2008, at 2:30 p.m. in Courtroom 20-C before Judge Paul A. Crotty, U.S.D.J (By: Marlon Ovalles - Courtroom Deputy). (mov)
	Dec. 18, 2008	Calendar Entry: The 12/17/2008 Pretrial Conference has been rescheduled, on consent, to set Wednesday 1/21/2009 at 03:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (reset via e-mail by: Marlon Ovalles - Courtroom Deputy). (mov)
67	Jan. 16, 2009	NOTICE OF APPEARANCE by Jonathan S. Abady on behalf of Oliver Jovanovic (Abady, Jonathan) (Entered: 01/16/2009)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 28, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff had previously been tried and convicted for rape, sodomy and kidnapping, receiving 15 years to life in prison. Plaintiff appealed the decision and, while awaiting a new trial, all charges were dropped against him. Plaintiff later filed suit, claiming that his prosecution violated his civil rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of New York

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Southern District of New York 1:04-cv-08437

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Pattern or Practice

Recommended Citation

Case Summary of Jovanovic v. City of New York, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/13345/ (last updated 2/21/2014).