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- 536 Steinbergin v. City of New York 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 s ummary 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 27 th day of April, two thousand twenty

- two

. PRESENT: Amalya L. Kearse , Robert D. Sack , Steven J. Menashi , Circuit Judges.

________________________________ ____________ Troy Steinbergin , Plaintiff

- Appellant ,

v. No. 21

- 536 City of New York, Jamal Hairston, Undercover Officer 0076, Undercover Officer 0039 , individually and in their official capacities,2 Defendants

- Appellees , and John or Jane Doe 1

- 10 , Defendants

. *

________________________________ ____________
For Plaintiff

- Appellant : Sang J. Sim, Sim & DePaola, LLP, Bayside, NY

. For Defendants

- Appellees : Georgia M. Pestana ( Richard Dearing, Elina Druker, Jesse A. Townsend , on the brief ) , Corporation Counsel of the City of New York, New York, NY

. Appeal from a judgment of the United States District Court for the Southern
District of New York ( Furman , J.). Upon due consideration, it is hereby ORDERED , ADJUDGED , and
DECREED that the judgment of the district court is AFFIRMED

. Appellant Troy Steinbergin appeals the district court’s dismissal of claims

* The Clerk of Court is directed to amend the caption as set forth above.3 brought against the City of New York (“City”) and multiple police officers of the New York Police Department (“NYPD”) under 4 2 U.S.C. § 198 3, for alleged
violations stemm ing from his 2014 arrest and subsequent conviction in New York
state court for the sale of a controlled substance

. I n this appeal, Steinbergin pursues claims of false arrest and false imprisonment, malicious prosecution, malicious abuse of process, and denial of the right to a fair trial, as well as various parallel claims brought under state law. 1 We assume the parties’ familiarity with the underlying facts, pro cedural history, and arguments on appeal

. I On June 21, 2014, three NYPD officers, including Undercover Officer 0076 (“ UC 0076 ”) and Undercover Officer 0039 (“ UC 0039 ”) , conducted a “buy

- and

bust” operation in Harlem. Around 7:00 p.m., UC 0076 entered a building at 1760 Lexington Avenue and , using prerecorded buy money , purchased three foil packets of cocaine from a man in the stairwell of the building. UC 0076 then left the building and reported the transaction to his fellow officers, describin g the

1 The district court concluded that Steinbergin abandoned his failure

- to

- intervene claim against all defendants as well as his federal claims against UC 0039. Steinbergin does not ap pear to dispute either holding on appeal

. E ven if he had, it would not affect our decision to affirm

.4 suspect who sold him the cocaine as a “[l]ight skinned” “black” “male” “wearing a black shirt with red lettering on the front of it.” App’x 32. “A few minutes ” later, responding officer Detective Jamal Hairston arrived on the scene, “f[ou]nd a
person matching that description”

— Steinbergin

— and detained him in handcuffs

. App’x 32

- 33. “Approximately 3 or 4 minutes” after Steinbergin was first placed
in to custody, App’x 33, UC 0076 made “a confirmatory identification” that Steinbergin was the individual from whom he had bought the cocaine , App’x 72

. Hairston also sent UC 0076 a photograph of Steinbergin and received a text confirmation : “positive, thanks.” App’x 34. Steinbergin was searched at the scene,
taken to the local precinct, and searche d again , though neither drugs nor the prerecorded buy money was found on his person. Steinbergin was indicted on one
count of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the seventh degree , though he
denie s that he sold drugs to anyone on that date or at that address. Steinbergin ’s motion to suppress UC 0076’s positive identification was denied by the trial court, and Steinbergin was subsequently convicted of criminal
sale of a controlled substance in the third degree and sentenced to four years in prison followed by three years of supervised release

. In 2018, t he New York5 Appellate Di vision reversed Steinbergin’s conviction, People v. Steinbergin , 73 N.Y.S.3d 547 (1st Dep’t 2018), and o n remand from that decision prosecutors recommended dismissal of the charges because the arresting officers had “little to no memory of the circumstance s of th[e] drug sale.” App’x 66. A s a result , Steinbergin’s criminal charges relating to that incident were dismissed on October 9, 2018, and o n February 11, 2019 , Steinbergin brought this action . O n cross motions for summary judgment, the district court g ranted the City’s motion and denied Steinbergin’s motion ; t his appeal followed.
II
We review “ de novo a decision on a motion for summary judgment.” Gonzalez v. City of Schenectady , 728 F.3d 149, 154 (2d Cir. 2013). Summary judgment is appropriate only whe n “t here is no genuine issue as to any material fact and the

mov ant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56( a )

. “ In determining whether there are genuine issues of material fact, we are requir ed to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought ,” and “[w] e may only affirm if it appears beyond doubt that the plaintiff can prove no set of facts in support of [his] claim which would entitle [him] to relief. ” Terry v. Ashcroft , 336 F.3d 128, 1376 (2d Cir. 2003) (internal quotation marks omitted).
II I The existence of arguable probable cause for an arrest entitles a police officer to qualified immunity against a false arrest claim. See Jenkins v. City of New York , 478 F.3d 76, 87 (2d Cir. 2007). Probable cause exists whe n “the officers have knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime.” Weyant v. Oks t , 101 F.3d 845, 852 (2d Cir. 1996). Arguable probable cause exists whe n “ a reasonable police officer in the same circumstances and possessing the same knowledge as the officer in question could have reasonably believed that probable cause existed in
the l ight of well

- established law.” Lee v. Sandberg , 136 F.3d 94, 102 (2d Cir. 1997)

. Officer Hairston had arguable probable cause to arrest Steinbergin because Steinbergin matched the description that UC 0076 had given Hairston minutes before, of a “black” “li ght

- skinned” “male” “wearing a black shirt with red lettering” in the immediate vicinity of where the sale had occurred

. Because

o fficers may reasonably “rely on the accounts provided by other officers at the
scene” in determining whether probable cause ex ists, Martinez v. Simonetti , 2027 F.3d 625, 635 (2d Cir. 2000); see also United States v. Durand , 858 F. App’x 452, 454

- 55 (2d Cir. 2021) ( holding that officers had probable cause for arrest because witnesses “had identified an individual ... who matched [the defendant’s] description”) , these facts provide support for Hairston’s reasonable belief that Steinbergin had committed a crime

. W ithout deciding whether the arresting
officers had actual probable cause to arrest Steinbergin, the district court’s
determin ation that arguable probable cause existed at the time of arrest was not

erro neous . The existence of arguable probable cause is enough to dispose of the false arrest and false imprisonment claims because it entitl es the defendants to qualified immunity on these claims

. S ee Jenkins , 478 F.3d at 87 ( holding that arguable probable cause for arrest entitles a police officer to qualified immunity against a false arrest claim)

. In addition , the district court properly dismissed Steinbergin’s false ar rest and false imprisonment claims as time barred

. We “look to state law for the length of the limitations period” for § 1983 claims. McDonough v. Smith , 139 S. Ct. 2149, 2155 (2019). For claims arising in New York, the statute of limitations is three year s. N.Y. C.P.L.R. § 214(5); see also Owens v. Okure , 488 U.S. 235, 2 49

- 51 (1989). Accrual, on the other hand, “is a question of federal law, conforming in general to common

-8 law tort principles.” McDonough , 139 S. Ct. at 2155 (internal quotation marks
omitte d). Claims of false arrest and false imprisonment accrue against a plaintiff “when legal process [i]s initiated against him

. ” Wallace v. Kato , 549 U.S. 384, 390 (2007)

. W e have held that such process has begun “at least by the point a criminal defendant is arraigned on charges , ” Watson v. United States , 865 F.3d 123, 131 (2d
Cir. 2017 ) , such that a plaintiff need not wait for his conviction to be overturned or invalidated to pursue an arrest

- based claim , McDonough , 139 S. Ct. at 2159 (“A
false

- a rrest claim ... has a life independent of an ongoing trial or putative future
conviction

— it attacks the arrest only to the extent it was without legal process, even if legal process later commences

. ”)

. In this case , Steinbergin was arraigned

on June 22, 2014

. E ven if we were to consider accrual to have occurred when Steinbergin was convicted on April 22, 2015, the three

- year statute of limitations expired well before he filed this lawsuit in 2019. The district court therefore appropriately dismissed these cla ims

. Next, we turn to Steinbergin’s malicious prosecution claim. Here too, t o prevail on a malicious prosecution claim under New York law , S t einbergin must
show “lack of probable cause.” Savino v. City of New York , 331 F.3d 63, 72 (2d Cir. 2003). The return of the grand jury indictment “creates a presumption of probable9 cause ” against a claim of malicious prosecution “ that may only be rebutted by evidence that the indictment was procured by fraud, perjury, the suppression of evidence or other polic e conduct undertaken in bad faith.” Id. (internal quotation marks and emphasis omitted) . Steinbergin’s assertion that he never sold drugs to UC 0076, without more, cannot reasonably support an inference of fraud, perjury, suppression of evidence, or other bad

- faith police misconduct , and thus this claim
fails as well. Steinbergin’s malicious abuse of process claim was also properly dismissed
because it was time barred

. B ecause accrual began on June 21, 2014, the date of Steinbergin’s arrest, the three

- year statute of limitations expired before he brought
suit in 2019

. Steinbergin suggests that his malicious abuse of process claim did not accrue until the termination of the criminal proceedings against him, but we disagree. See Heck v. Humphrey , 512 U.S. 477, 486 n.5 (1994) ( noting that “favorable termination of prior proceedings is not an element of” abuse of process) ; see also Hadid v. City of New York , 730 F. App ’ x 68, 71 (2d Cir. 2018) (noting that, because

“ the fact of [a plaintiff's] ultimate conviction of the offense

... does not necessarily dispel the possibility that he was the victim of unconstitutional abuse of process in the events leading up to the conviction, ” a plaintiff can “ pursue[] [an abuse of10 process] claim while the

. . . prosecution [is] pending or while his conviction st[an d s] , ” and, therefore “ Heck tolling is

... not appropriate ” for abuse of process claims).
T urning to the last of the federal claims pressed in this case, we analyze the district court’s dismissal of Steinbergin’s c laim that he was denied the right to a
fair trial. To prevail on a claim that the defendants denied him the right to a fair
trial based on fabrication of evidence , Steinbergin must establish that an “investigating official” “fabricate[d] information ” again st him, Garnett v. Undercover Officer C0039 , 838 F.3d 265, 279 (2d Cir. 2016), or otherwise “that the defendant knowingly ma[de] a false statement or omission” against him , Ashley v. City of N ew York , 992 F.3d 128, 143 (2d Cir. 2021). Steinbergin cannot ma ke that showing simply by denying that he sold drugs to UC 0076 . A t most, this allegation (if credited) would support a reasonable inference that the arresting officers mistakenly identified Steinbergin instead of the real seller, but it cannot alone support a claim that any of the defendants fabricated evidence or knowing ly made

a false statement . T herefore , St e inbergin’s claim that he was de nied the right to a fair trial was properly dismissed.11 Finally, the district court did not abuse its discretion in declining to exercise supplemental jurisdiction over Steinbergin’s parallel state claims because each of his federal claims was properly dis missed. “[D]istrict courts may decline to exercise supplemental jurisdiction over” a pend e nt claim arising under state law
whe n “the district court has dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3). “ [I]n the usual c ase in which all federal

- law claims are eliminated before trial, the balance of factors to be considered under the pend e nt jurisdiction doctrine ... will point toward declining to exercise jurisdiction over the remaining state

- law claims.” Carnegie

- Mellon Un iv. v. Cohill , 484 U.S. 343, 350 n.7 (1988). The district court’s reasoning that the questions implicated in the remaining claims were best left to state courts was not erro neous .

* * *
We have considered Steinbergin’s remaining arguments, which we
conclu de are without merit. For the foregoing reasons, we AFFIRM the judgment
of the district court.
FOR THE COURT: Catherine O’Hagan Wolfe, Clerk of Cou 

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