19-3091 Salem v. City of New York UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 29th day of April, two thousand twenty. PRESENT: GUIDO CALABRESI, RICHARD C. WESLEY, JOSEPH F. BIANCO, Circuit Judges. _____________________________________ AITABEDELLAH SALEM, Plaintiff-Appellant, v. 19-3091 CITY OF NEW YORK and JOSEPH PONTE, Commissioner of the New York City Department of Correction, in his individual capacity, Defendants-Appellees, LEGAL AID SOCIETY, of the City of New York, ERIC WILLIAMS, Attorney, Legal Aid Society in his official and individual capacity, NEW YORK CITY DEPARTMENT OF CORRECTION, (The Department or DOC), JOHN DOE NO. 1, Warden, New York City Department of Correction, JOHN DOE NO. 2, Assistant Warden, New York City Department of Correction, JOHN DOE NO. 3, Tour Commander, New York City Department 1 of Correction, AMKC, Rikers Island, JOHN DOE NO. 4, Captain, New York City Department of Correction, AMKC, Rikers Island, in his Individual Capacity, LAWYER STEPHEN POKART, Attorney for the Legal Aid Society in his official and individual capacity, JEROME GRECO, Attorney Legal Aid Society, in his official and individual capacity, Defendants. _____________________________________ For Plaintiff-Appellant: Welton K. Wisham, Esq., The Law Offices of Welton K. Wisham, New York, NY. For Defendants-Appellees: Anna W. Gottlieb, Richard Dearing, Deborah A. Brenner, for James E. Johnson, Corporation Counsel of the City of New York, New York, NY. Appeal from a judgment of the United States District Court for the Southern District of New York (Koeltl, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Aitabedellah Salem (“Salem” or “plaintiff”) appeals a September 5, 2019 order dismissing his second amended complaint (“SAC”), under Federal Rule of Civil Procedure 12(b)(6), against the City of New York (“the City”) and the Commissioner of the New York City Department of Correction (“DOC”), Joseph Ponte (collectively, “defendants”). In his SAC, Salem articulates four claims: (1) an unreasonable seizure under the Fourth Amendment, for failure to produce him in civilian clothing for his court appearance on January 21, 2015, and for detaining him from November 2014 to April 2015 on one dollar bail; (2) a procedural due process claim based on his allegedly unjustified detention; (3) a violation of substantive due process by the City for holding pretrial detainees ...
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