but we're just what the people move move around a little bit and we'll give you our full attention mr bo go along until the red light comes on so we'll just see do the best you can with the five minutes that you got thank you with this court's permission i will be referring to the n y p d officer who filled out the related arrest paperwork and then testified against me at my criminal trial as officers saying mr ball when you tap the thing it just may be hard for judge walker to hear and he has to make up everything i'm having a little difficulty myself by starting and not just keep on going but don't tempt ok please i will be referring to the officers office in short for his last name which i find hard to pronounce at this time for reference purposes i have with me today seventeen daily news articles relating to police misconduct from the commissioner down ten daily news articles relating to prosecut misconduct and three daily news articles relating to the n y p d sped d n a diagnostic methods and the potential force convictions which may then come about i was not convicted of a crime and yet the n y p d is in possession of my d n a sample in violation of my due process rights this is the reason for me moving up state three years ago my standing in this case rises from this act unconstitutional policing my son standing in this case rises from the fact that his hundred forty four dollars has never been returned to him as per court exhibit one page two seventy but you're not representing your son in this matter and now he does have standing ok i want you to focus on what you are thank you to talk please today i stand before you so as to be able to put these questions to this court justice now be served the n y p d is allowed to use the nonphysical paperwork only arrest procedure and thereby prevent the responsibility for any and all false arrest from ever fall upon the shoulders of the bad cops time this problem lay buried unspoken for many years in the minds of the members of the n y p d and this matter must now be put to a jury so as the people can decide whether or not a nonphysical paperwork only arrest procedure is acceptable the idea of this matter not being allowed to move forward to a trial of this time i can no way understand offices things involvement in my false arrest goes no further than the fact that he only filled out the many and answered and unsettling questions that now need their answers as pursing deposition given on january twelfth two thousand and fifteen exhibit b number one and prepares all paperwork for the arrest and quote page fifty eight number three quote sergeant directs authorized my arrest and quote page fifty seven number four quote officers saying did not observe the robbery and quote page forty two forty four number five officers seeing quote does not recall and quote the following ok placing the handcuffs on me page fifty eight sixty two sixty three b who brought me back to the station house page sixty four c transporting me to any location after i was at the person page sixty seven out of time so if you have a little summary argument that you would like to make now would be the time to do that ok because this matter is now very important present setting case that challenges the unconstitutional policing procedure of the non paperwork only arrests i am asking is court to reverse the district court's decision and allow this matter to move forward to a trial as soon as possible in interest of justice and common sense m s n this court to take a stand and put in place a guard rail against this form of unconstitutional policing and thereby protect the due process rights of all the people now living with in new york city the nonphysical paperwork only arrest procedure which is now being used by the n y p d and at this time is found to be acceptable by the city's attorneys is nothing less than a slippery slope which must for once and for all be done away with so as to prevent this violation of constitutional rights from ever again happening to the citizens of new york city and the members of the n y p d my opponent's position is based wholly upon unconstitutional policing thank you very much you can see that right good morning honors me please the court my name is diana long press the button to your right to the meat of gold right on the p court appropriately granted summary judgment to the defendants on the malicious prosecution and false arrest claims here the plaintiff's theory has been that the individual defendant officers did not arrest him or initiate his prosecution as a result the district court properly found that they are not personally liable for the claims at issue in any event the undisputed facts show that the there is probable cause to arrest the plaintiff to defeat a false arrest claim and for fault for malicious prosecution purposes the prob caused did not dissipate during the prosecution and the subsequent grand jury indictment separately create a presumption of probable cause which the plaintiff has not reported and to the extent that the plaintiff has attempted to defeat probable cause with the officers grand jury testimony that testimony protected