# Brown v. Wolstein

> Court of Appeals for the Second Circuit · August 14, 2003 · 71 F. App'x 96

URL: https://www.frixlaw.com/law-library/cases/8417392

## Case

- **Full name:** Thurman Jerome BROWN v. Richard WOLSTEIN, Attorney at Law, Denis Dillon, Hon., Nassau County District Attorney, Margaret O'Shea-Shell, Chief Court Reporter, Ellen Smith-Combs, Court Reporter, Eliot Spitzer, Nys Attorney General, Nassau County Police, Baldwin and Rockville Centre Heralds, Joan McKeown, Senior Probation Officer, A Time Mirror Newspaper, Long Island Newsday, William H. Rhenquist, U.S. Supreme Court Chief Justice, John Paul Stevens, U.S. Supreme Court Justice, Sandra Day O'Connor, U.S. Supreme Court Justice, Antonin Scalia, U.S. Supreme Court Justice, Anthony M. Kennedy, U.S. Supreme Court Justice, David H. Souter, U.S. Supreme Court Justice, Clarence Thomas, U.S. Supreme Court Justice, Ruth Bader Ginsburg, U.S. Supreme Court Justice, Stephen G. Breyer, U.S. Supreme Court Justice, & Mark Diamond
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** August 14, 2003
- **Citations:** 71 F. App'x 96
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Jacobs, Sotomayor
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8417392

## Opinion text

SUMMARY ORDER
Thurman Jerome Brown appeals from a judgment entered in the United States District Court for the Eastern District of New York (Mishler, J.) granting defendants’ motions dismiss for failure to state a claim. We affirm for substantially the reasons stated by the district court. See Brown v. United States, No. 00-CV-7182 (JM) (E.D.N.Y. May 1, 2002).
While the district court may have erred in dismissing Brown’s malicious prosecution claims against defendants-appellees Denis Dillon (the District Attorney for Nassau County), the Nassau County Police Department and Joan McKeown on the grounds of collateral estoppel, we are free to affirm the district court on any ground supported by the record. See AmBase Corp. v. City Investing Co. Liquidating Trust, 326 F.3d 63, 72 (2d Cir.2003). Brown has not alleged an unconstitutional policy or custom on the part of the police department. See Monell v. New York City Dep’t Social Servs., 436 U.S. 658, 691-94 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). And defendant McKeown was a senior probation officer who could neither commence nor continue a criminal proceeding against Brown. See Posr v. Doherty, 944 F.2d 91, 100 (2d Cir.1991). Thus the section 1983 claims against them were properly dismissed. Further, defendant-appellee Dil *98 Ion enjoys absolute immunity from such charges arising from alleged conduct within the scope of his prosecutorial responsibilities. See Day v. Morgenthau, 909 F.2d 75, 77 (2d Cir.1990).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8417392. Public record. Not legal advice.