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Chmiel and Marriott Obtain Dismissal in Civil Suit Against Town of Amherst and a Police Officer

Buffalo, New York -- July 2018 -- In the matter of Keyontay Ricks v. Town of Amherst and Officer Thomas Brown, et al., the plaintiff sued the Town of Amherst and Amherst Police Officer, Thomas Brown alleging wrongful arrest and prosecution. 

In 2004, Ricks was convicted of First Degree Robbery and felony Possession of Stolen Property as a result of his role in a theft that took place at a Rent-A-Center in the City of Buffalo.  Ricks was sentenced to 20 years in prison and served 12 years of that sentence before obtaining a dismissal of the robbery conviction.  (The conviction for Criminal Possession of Stolen Property was upheld.) 

In defending the Town of Amherst and Officer Brown, we argued that there was an absolute defense to both claims in that there was probable cause for arrest at the time that it took place.  This was proven not only by the facts surrounding the arrest, but by the fact that Ricks was eventually convicted of felony offenses. 

On behalf of the Town of Amherst and Officer Thomas Brown, we moved to dismiss all claims brought by Ricks.  On July 2, 2018, Justice John F. O’Donnell agreed with our arguments and dismissed the entire lawsuit against both the Town of Amherst and Officer Thomas Brown. 

The motion papers were authored by Michael J. Chmiel and Eric W. Marriott.  The motion was argued by Mr. Chmiel.  If you have any questions regarding this motion, do not hesitate to contact our office

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