17‐1281 Simon v. City of New York UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT _______________ August Term, 2017 (Argued: March 1, 2018 Decided: June 21, 2018) Docket No. 17‐1281 _______________ ALEXINA SIMON, Plaintiff‐Appellant, —v.— CITY OF NEW YORK, FRANCIS LONGOBARDI, Queens County Assistant District Attorney, DETECTIVE EVELYN ALEGRE, DETECTIVE DOUGLAS LEE, Defendants‐Appellees. _______________ B e f o r e: KATZMANN, Chief Judge, CHIN, Circuit Judge, and NATHAN, District Judge. _______________ The Clerk of Court is directed to amend the official caption as set forth above. Judge Alison J. Nathan, United States District Court for the Southern District of New York, sitting by designation. Plaintiff Alexina Simon brought this action in the United States District Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983, claiming that a state prosecutor and two police officers falsely arrested and imprisoned her in violation of the Fourth Amendment. Simon alleges that the defendants unlawfully detained her for 18 hours over two days on the authority of a warrant that, on its face, directed officers to bring Simon to court at a fixed date and time for a hearing to determine whether she should be detained as a material witness. Simon was never presented to the court. The district court held that the defendants are entitled to qualified immunity and granted summary judgment in their favor. We conclude that, with the facts taken in the light most favorable to Simon, the defendants violated Simon’s clearly established Fourth Amendment rights and are therefore not entitled to qualified immunity. Accordingly, the judgment of the district court is VACATED and this case is REMANDED for further proceedings consistent with this decision. _______________ UGOCHUKWU UZOH, Ugo Uzoh, P.C., Brooklyn, NY, for Plaintiff‐ Appellant. ELINA DRUKER (Richard Dearing, Devin Slack, on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants‐Appellees. CODY H. WOFSY, ACLU Foundation Immigrants’ Rights Project, San Francisco, CA; Lee Gelernt, ACLU Foundation Immigrants’ Rights Project, New York, NY; Joel B. Rudin, Vice Chair, Amicus Committee, National Association of Criminal Defense Lawyers, New York, NY; Richard D. Willstatter, Chair, Amicus Curiae Committee, New York State Association of Criminal Defense Lawyers, White Plains, NY; Mariana Kovel, New York Civil Liberties Union Foundation, New York, NY, for Amici Curiae National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, American Civil Liberties Union Foundation, New York Civil Liberties Union Foundation, in support of Plaintiff‐Appellant. _______________ 2 KATZMANN, Chief Judge: This case takes us to the intersection of an allegedly wrongful arrest and detention on a material witness warrant, the Fourth Amendment, and qualified immunity. Plaintiff Alexina Simon brought this action in the United States District Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983, claiming that a state prosecutor and two police officers falsely arrested and imprisoned her in violation of the Fourth Amendment. Simon alleges that the defendants unlawfully detained ...
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