U.S. District Court for Northern New York Case Summaries: October 1,

Daily Record (Rochester, NY), Oct 1, 2008

U.S. District Court, Northern New York

Restraining Order

Capital District Physicians' Health Plan v. Ryan

08-CV-979

Judge Kahn

Background: The complaint in the case, alleging Ryan's misappropriation of confidential, proprietary information and documents from his former employer, CDPHP, recently was removed from state court. On Aug. 14, supreme court issued an ex parte temporary restraining order against Ryan, which later was modified on the parties' consent. On Sept. 16, Ryan brought a motion seeking to vacate the state-issued TRO. On Sept. 18, the plaintiff filed a cross-motion seeking to remand the action to state court.

Ruling: The defendant's motion to vacate the restraining order is denied and the plaintiff's motion to remand to the Saratoga County Supreme Court is granted.

Brian M. Culnan for the plaintiff, and Stuart F. Klein for the defendant

Warrentless Entry

Kilgore v. Police Officer Kaufman, et al.

06-CV-612

Judge Mordue

Background: The plaintiff raises false arrest claims against various police officers arising out of his arrest and conviction for controlled substance offenses. He was arrested after a victim notified police of an alleged rape and escorted them to the plaintiff's apartment, at which time the police "kidnapped" Kilgore. Kilgore proceeded to trial, where a jury convicted him of criminal possession offenses because the police officers found drugs in his apartment. The Fourth Department reversed the judgment and granted the part of Kilgore's motion seeking to suppress physical evidence seized by police, and dismissed the indictment concluding Officer Kaufman's "warrantless entry was not justified by exigent circumstances." The defendants moved to dismiss and the plaintiff moved for summary judgment.

Ruling: In actions brought pursuant to Sect. 1983, the applicable limitations period is derived from the general or residual statute of limitations for personal injury actions under the laws of the forum state; however, when false arrest is claimed, later invalidations of a conviction serve as the accrual date on which the statute of limitations begins to run. Under that analysis, dismissal of the complaint is inappropriate on the basis of the statute of limitations. On the issue of qualified immunity, the court reiterates the rule that a government official is entitled to qualified immunity only "if reasonable officers could disagree as to whether exigent circumstances were present." Based on the totality of the circumstances test, however, the court finds exigent circumstances justified Officer Kaufman's warrantless entry into Kilgore's apartment. There was "arguable probable cause" justifying the warrantless entry. The complaint is dismissed.

Steven M. Kilgore, pro se, and Rory A. McMahon, City of Syracuse Corporation Counsel, for the defendants