Moussa Diarra v. City of New York, New York

For a summary judgment to be granted, the Circuits must determine that the movant is entitled to “judgment as a matter of law”, Miller. New York Case Law states that an “egregious deviation from proper police procedure” violates a claim to probable cause, Blake v. City of New York. At bar, the Second Circuit failed to apply the law of probable cause (State and Federal) pursuant to the Supreme Court’s decision, Illinois v. Gates, and did not apply the “totality of circumstances” test to the facts. Is the Second Circuit’s refusal to apply the “totality of circumstances” test for probable cause in a Monell suit constitutional?

For a State/Town Statute to limit a substantive right, such as the fundamental right to liberty, it must be procedurally lawful. See Carolene, fn.4. In the matter presented, the Second Circuit upheld the Lower Court’s judgement to squash a state claim involving the fundamental right to liberty without substantive due process analysis pursuant to Carolene. Has the Second Circuit failed to apply substantive due process to a Municipal Statute in a false imprisonment claim?

A sitting Federal Judge should have the appearance of impartiality to an uninterested objective observer. Judges should recuse themselves based on extra judicial reasons. At bar, petitioner documented close to fifteen instances of bias and prejudice, including intentionally allowing a lawyer to plead and argue without filing a notice of appearance. The test for extra