The City moved to dismiss plaintiff's complaint against the NYPD defendants, arguing that plaintiff failed to satisfy General Municipal Law § 50-e because he did not serve a notice of claim that named the NYPD defendants or John/Jane Doe placeholders on or before May 16, 2018. On March 13, 2019, plaintiff sued the City of New York, together with named and unnamed employees of the New York Police Department (the NYPD defendants), and asserted causes of action for false arrest, malicious prosecution and respondeat superior. He also alleged that during many of the 75 times that he appeared in New York Supreme Court, he was forced to wear mittens, shackles, and waist chains. Plaintiff alleged, among other things, that while in solitary confinement at Rikers Island, he was treated inhumanely by officers who deprived him of meals and denied him showers and recreation time. On March 16, 2018, plaintiff filed a notice of claim against defendant City of New York, asserting causes of action for false arrest and imprisonment negligent performance of police duties negligent training, supervision, discipline, and retention of New York City Police Officers violation of his rights under the New York State Constitution, including the right to a speedy trial assault and excessive force. The Court of Appeals, on February 15, 2018, overturned plaintiff's conviction, holding that his constitutional right to a speedy trial had been violated, and plaintiff was released. On September 23, 2014, plaintiff pleaded guilty to manslaughter in the first degree and received a 12-year sentence. Approximately three of the six years were spent in solitary confinement. Nevertheless, plaintiff was incarcerated for six years at Rikers Island pending a criminal trial. Prior to plaintiff's arrest, witnesses positively identified a different suspect, who was ultimately prosecuted for the shooting, and subsequent to plaintiff's arrest, witnesses failed to identify plaintiff in a lineup. This appeal stems from plaintiff Reginald Wiggins's arrest on May 28, 2008, at age 16, in connection with a shooting that took place on May 24, 2008. Pestana, Corporation Counsel, New York (Daniel Matza-Brown and Anna Gottlieb of counsel), for respondents. Rosenbaum & Rosenbaum, P.C., New York (Mark W. Ramseur, J.), entered on or about August 10, 2020, which, to the extent appealed from as limited by the briefs, granted defendant the City of New York's motion to dismiss the complaint as against the individual New York Police Department defendants for failure to comply with General Municipal Law § 50-e. Plaintiff appeals from an order of the Supreme Court, New York County (Dakota D. The City of New York et al., Defendants-Respondents. This opinion is uncorrected and subject to revision before publication in the Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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