Thompson v. Rovella

17-3152-cv Thompson v. Rovella 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 “SUMMARY ORDER”). A PARTY CITING 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 30th day of May, two thousand eighteen. PRESENT: ROBERT D. SACK, REENA RAGGI, Circuit Judges, LEWIS A. KAPLAN, District Judge. * ---------------------------------------------------------------------- HUBERT THOMPSON, Plaintiff-Appellant, v. No. 17-3152-cv JAMES C. ROVELLA, Chief of Police, City of Hartford, In His Official Capacity, ANTHONY KOZIERADZKI, LIAM PESCE, Sergeant, City of Hartford, In His Individual and Official Capacities, TUYEN BERGENHOLTZ, Officer, City of Hartford, In Her Individual and Official Capacities, CITY OF HARTFORD, Defendants-Appellees, JANE DOE / JOHN DOE, Supervisor, Crimes Against Persons Unit, City of Hartford, In Her / His Individual and * Judge Lewis A. Kaplan, of the United States District Court for the Southern District of New York, sitting by designation. Official Capacities, JANE DOE(S) / JOHN DOE(S), Evidence Officer(s) (2003–2014), City of Hartford, In Their Individual Capacities, Defendants. ---------------------------------------------------------------------- APPEARING FOR APPELLANT: RACHEL M. BAIRD, Esq., Harwinton, Connecticut. APPEARING FOR APPELLEES: DANIEL J. KRISCH (James J. Szerejko, on the brief), Halloran & Sage LLP, Hartford, Connecticut, for Anthony Kozieradzki, Liam Pesce, and Tuyen Bergenholtz. NATHALIE FEOLA-GUERRIERI, Senior Assistant Corporation Counsel, Office of the Corporation Counsel, City of Hartford, Hartford, Connecticut, for James C. Rovella and City of Hartford. Appeal from a judgment of the United States District Court for the District of Connecticut (Vanessa L. Bryant, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on February 21, 2017, is AFFIRMED. Plaintiff Hubert Thompson appeals from the dismissal of his complaint, brought pursuant to 42 U.S.C. § 1983 and state law, against the City of Hartford and current and former members of the Hartford Police Department for damages sustained in the course of his arrest and now-vacated 1998 conviction for sexual assault and kidnapping. Thompson further appeals the denial of his motion for reconsideration, challenging the district court’s dismissal of his § 1983 claims as untimely. 1 We review de novo the 1 Thompson raises no arguments in his brief separately challenging the district court’s dismissal of his state law claims. He has thus abandoned any such claims. See 2 dismissal of a complaint pursuant to Fed. R. Civ. P. 12(b)(6), “accepting all factual allegations as true and drawing all reasonable inferences in favor of the plaintiff.” ...

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