Kee v. City of New York

2d Cir. 2021) (dismissal of narcotics charge on speedy trial grounds generally satisfies favorable termination element for malicious prosecution claim under the Second Circuit’s “indicative of innocence” standard; court reasons that failure to timely prosecute compels an inference of a lack of reasonable grounds for the prosecution, unless the civil defendant produces evidence of a non-merits based explanation for the failure to prosecute; dismissal on speedy trial grounds also constitutes a favorable termination for a fabrication of evidence claim, that claim does not impugn an ongoing prosecution nor would it invalidate any outstanding conviction, termination is favorable under Smalls v. Collins, 2021 WL 3700194 (2d Cir. 2021) and satisfies accrual requirements of McDonough v. Smith 139 S.Ct. 2149 (2019).