Bertuglia v. City of New York (133 F. Supp. 3d 608, 2015)

OPINION AND ORDER

JOHN G. KOELTL, District Judge:

Robert Bertuglia, Jr. (“Bertuglia”), and Laro Maintenance Corporation, Laro Maintenance, and Laro Service Systems (together “Laro”) bring this action against the following defendants: (1) three Port Authority of New York and New Jersey employees — Jeffrey Schaffler, Fred Fer-rone, and Bernard D’Aleo; (2) New York Assistant District Attorneys (“ADAs”) Elyse Ruzow and Michael Scotto; and (3) the City of New York for alleged violations of 42 U.S.C. § 1983 and New York State tort law. Bertuglia and Laro allege that the defendants violated their constitutional rights by, among other things, prosecuting them for grand larceny in the second degree and other crimes in connection with a services contract between Laro and the Port Authority. The charges were ultimately dismissed. This Court has jurisdiction under 28 U.S.C. § 1331 and 28 U.S.C. § 1367(a). The plaintiffs move for partial summary judgment against Schaf-fler on the claim of malicious prosecution. Schaffler cross moves for summary judgment dismissing all of the plaintiffs’ claims against him. The other Port Authority defendants, Ferrone and D’Aleo, move for summary judgment dismissing all the claims against them. ADAs Ruzow and Scotto move for summary judgment dismissing all the claims against them. And the City moves for summary judgment dismissing a Monell claim for failure to train and failure to discipline prosecutors.

For the reasons explained below, the defendants’ motions for summary judgment are granted and the plaintiffs’ motion for partial summary judgment is denied.

I.

The standard for granting summary judgment is well established. “The court shall grant symmary judgment if the mov-ant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “[T]he trial court’s task at the summary judgment motion stage of the litigation is carefully limited to discerning whether there are any genuine issues of material fact to be tried, not to deciding them. Its duty, in short, is confined at this point to issue-finding; it does not extend to issue-resolution.” Gallo v. Prudential Residential Servs. Ltd. P’ship, 22 F.3d 1219, 1224 (2d Cir.1994). The moving party bears the initial burden of “informing the district court of the basis for its motion” and identifying the matter that “it believes demonstrate^] the absence of a genuine issue of material fact.” Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The substantive law governing the case will identify the material facts and “[o]nly disputes over, facts that'might affect the outcome of the suit under the governing law will properly preclude the entry. of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Chepilko v. Cigna Grp. Ins., No. 08cv4033 (JGK), 2012 WL 2421536, at *1 (S.D.N.Y. June 27, 2012).

In determining whether summary judgment is appropriate, the Court must resolve all ambiguities and draw all reasonable inferences against the moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)); see also Gallo, 22 F.3d at 1223. Summary judgment is improper if there is any evidence in the record from any source from which a reasonable inference could be drawn in favor of the non-moving party. See Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 37 (2d Cir.1994); see also Perez v. Duran, 962 F.Supp.2d 533, 535-36 (S.D.N.Y.2013); Pelayo v. Port Auth., 893 F.Supp.2d 632, 634-35 (S.D.N.Y.2012).

“When faced with cross-motions for summary judgment, a district court is not required to grant judgment as a matter of law for one side or the other.” Heublein, Inc. v. United States, 996 F.2d 1455, 1461 (2d Cir.1993). “Rather, the court must evaluate each party’s motion on its own merits, taking care in each instance to draw all reasonable inferences against the party whose motion is under consideration.” Id.

Under this Court’s local rules, parties moving for summary judgment must submit, a “separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.” Local Civ. R. 56.1(a). If an opposing party fails to respond to the moving party’s Rule 56.1 statement, then the facts therein may be deemed admitted. See Giannullo v. City of New York, 322 F.3d 139, 140 (2d Cir.2003); Local Civ. R. 56.1(c). But “‘[t]he local rule does not absolve the party seeking summary judgment of the burden of showing that it is entitled to judgment as a matter of law, and a Local Rule 56.1 statement is not itself a vehicle for making factual assertions that are otherwise unsupported in the record.’” Giannullo, 322 F.3d at 140 (quoting Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 74 (2d Cir.2001)).

Here, Schaffler initially did not file a response to the plaintiffs’ Rule 56.1 statement. The plaintiffs argue that Sehaf-fler’s cross motion for summary judgment falls short of refuting their statements of undisputed facts, and that the Court must enter summary judgment for the plaintiffs. The plaintiffs are clearly wrong. See Vt. Teddy Bear Co., Inc. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir.2004) (a non-movant is not required to rebut an insufficient showing in support of summary judgment and the district court “may not rely solely on the statement of undisputed facts contained in the moving party’s Rule 56.1 statement [because i]t must be satisfied that the citation to evidence in the record supports the assertion”); Champion v. Artuz, 76 F.3d 483, 486 (2d Cir.1996) (per curiam) (“The fact that there has been no response to a summary judgment motion does not, of course, mean that the motion is to be granted automatically. Such a motion may properly be granted only if the facts as to which there is no genuine dispute ‘show that the moving party is entitled to a judgment as a matter of law.’ ” (quoting then-current version of Fed. R.Civ.P. 56(c))).

Similarly, the ADA defendants contend that the plaintiffs’ response to the ADA defendants’ Rule 56.1 Statement was defective because the response did not cite to the record or set forth disputed facts. ADA Defs.’ Reply at 1-2. To the extent the plaintiffs admitted facts in response to the ADA defendants’ Rule 56.1 Statement, those facts, if supported by the record, are deemed admitted. But even if the plaintiffs’ responses to disputed facts are deficient, this Court will not simply deem admitted the ADA defendants’ Rule 56.1 Statement of Facts. Rather, this Court must still ascertain that the record supports all the facts in that Statement. See Giannullo, 322 F.3d at 140.

II.

The parties do not dispute the following facts unless otherwise noted.

A.

Laro began working for the Port Authority in 1996 when Laro began providing janitorial maintenance for the Port Authority bus terminal on Eighth Avenue in Manhattan. In response to the Port Authority’s Request for Proposals in 2005, Laro submitted a bid for the 2005-2007 contract. Krasnow Deck, Ex. D, at 238-39. The Port Authority stipulated that the bidders had to provide new equipment; this requirement would level the playing field for new bidders and ensure that the winner of the bid used quality equipment. Id. at 239. Robert J. Bertuglia, as President of Laro, attended meetings with the Port Authority representatives when Laro was preparing its bid. Id. at 239-40. During these meetings, Laro and the Port authority discussed price adjustments. Id. at 240.

Bertuglia signed a Letter of Acceptance for a contract with the Port Authority, agreeing to provide janitorial maintenance and cleaning services in the Port Authority bus terminal on Eighth Avenue. Schaf-fler’s R. 56.1 Stmt. ¶ 2; Pis.’ Resp. to Sehaffler’s R. 56.1 Stmt. ¶ 2; Krasnow Deck, Ex. E, at 2. The contract provided that “all equipment shall be in new and unused condition at the start of the Initial Term[.]” Miller Deck in Supp. of Schaf-fler’s Mot. for Summ. J. (“Miller Deck 1”), Ex. D, at 41. The contract ran from January 1, 2005 to December 31, 2007. ADA Defs.’ R. 56.1 Stmt. ¶ 5; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 5.

Pursuant to Laro’s bid and the subsequent contract, Laro billed the Port Authority an annual lump sum charge of $6,708,600 for station cleaning, in addition to other charges. Krasnow Deck, Ex. E, at 13. The total contract price for the initial three year period was $24,583,065. Id. Laro billed the Port Authority on a monthly basis.- See, e.g., Krasnow Deck, Ex. N. The lump sum charge was calculated by estimating the number of work hours at the station. As part of the hourly wage calculation under the contract, Laro billed the Port Authority $0.76 per hour for the cost of equipment. Krasnow Deck, Ex. E, at 15 (“Equipment”), 17 ($154,493 total cost per annum); Sehaffler’s R. 56.1 Stmt. ¶ 71; Pis.’ Resp. to Schaffler’s R. 56.1 Stmt. ¶ 71; Miller Deck 1, Ex. EE, at 194-95. The hourly wage also included other overhead costs such as holiday allowance, healthcare, pension, payroll taxes and insurance, supplies, and uniforms. Krasnow Decl., Ex. E, at 14-15. Laro cleaned the bus terminal from January 1, 2005 through December 31, 2007 and submitted thirty-six monthly invoices, all of which were paid by the Port Authority. ADA Defs.’ R. 56.1 Stmt. ¶ 9; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 9.

It is undisputed that Laro never purchased two major pieces of equipment that the contract required. Schaffler’s R. 56.1 Stmt. ¶70; Pis.’ Resp. to Schaffler’s R. 56.1 Stmt. ¶ 70. These two pieces were the Tennant Model 800 for roadway sweeping and the Tennant Model 550 for roadway scrubbing. Krasnow Decl., Ex. E, at 11 (provisions J. and K.); Miller Decl. in Supp. of D’Aleo’s Mot. (“Miller Decl. 2”), Ex. C, at 9. The anticipated cost of the scrubber was $85,000, and the anticipated cost of the sweeper was $68,000; these were the two most expensive pieces of equipment to be purchased. Miller Decl. 2, Ex. C, at 11; Krasnow Decl., Ex. E, at 19. The cost of the equipment was to be recouped from the Port Authority by the monthly charges over the course of the contract. Miller Decl. 2, Ex. C, at 12-13. Laro did not purchase the scrubber or the sweeper, but still billed the full hourly wage, including the $0.76 for equipment, throughout the entire period of the contract. Id. at 47-48. The monthly invoices were not itemized to show the breakdown of the hourly wage calculation. Krasnow Deck, Exs. N, O, P. The net effect of these payments was that the Port Authority paid at least $153,000 to Laro over a three year period for equipment that Laro was required to purchase but did not purchase during that period.

B.

In the spring of 2006, the New York County District Attorney’s Office (“DA’s Office”) opened an investigation into Vincent Grimaldi, a man suspected of arranging kickbacks and bribes in connection with contracts. Charles Gargano, the head of the Port Authority’s Board of Commissioners, was also involved in the investigation. ADA Elyse Ruzow was investigating Grimaldi for allegedly fixing the bidding process on government contracts. ADA Defs.’ R. 56.1 Stmt. ¶ 11; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 11; Miller Decl. 1, Ex. R, at 20; Kras-now Decl., Ex. F, at 21. Michael Scotto, the Chief of the Labor and Racketeering Unit, was ADA Ruzow’s immediate supervisor and participated in the investigation. Krasnow Decl., Ex. F, at 20-21; ADA Defs.’ R. 56.1 Stmt. ¶ 12; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 12. ADA Ru-zow obtained a wiretap on Grimaldi’s phone. According to ADA Ruzow and the wiretap transcripts, Bertuglia was captured on the wiretap, discussing the possibility of obtaining public contracts and requesting Grimaldi’s assistance and influence to secure a public contract. Miller Decl. 1, Ex. R, at 26-28; Krasnow Decl., Ex. G (wire transcript).

Jeffrey Schaffler, an investigator at the Port Authority, became involved in the investigation and participated by investigating Bertuglia and Laro. Schaffler and Fred Ferrone, another investigator at the Port Authority, reviewed the Laro/ Port Authority contract and began investigating Laro and Bertuglia for possible overbilling on the bus terminal contract. ADA Defs.’ R. 56.1 Stmt. ¶ 20-21; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 20-21. On March 29, 2007, Schaffler told ADA Scotto that the Port Authority was investigating Laro for overbilling on the bus terminal contract. ADA Defs.’ R. 56.1 Stmt. ¶ 22; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 22.

In the course of his investigation, Schaf-fler interviewed Port Authority employees, including Bernard D’Aleo. D’Aleo was a maintenance supervisor and contract administrator at the Port Authority and oversaw the administration of outside contracts dealing with sanitation. Miller Decl. 2, Ex. A, at 13-15; D’Aleo’s R. 56.1 Stmt. ¶ 2; Pis.’ Resp. to D’Aleo’s R. 56.1 Stmt. ¶ 2. D’Aleo told Schaffler that he was constantly asking Laro employees, specifically Robert Kolakowski, about the new equipment that Laro had not purchased. ADA Defs.’ R. 56.1 Stmt. ¶40; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 40; Norinsberg Decl. in Supp. of the Pis.’ Mot. for Summ. J. (“Norinsberg Decl. 3”), Ex. NN, at 387; Miller Decl. 1, Ex. L, at 29.

The DA’s Office officially opened the Laro investigation on May 7, 2007. ADA Defs.’ R. 56.1 Stmt. ¶ 25; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 25; Krasnow Deck, Ex. F, at 56 (Scotto saying he probably decided to open the matter). ADA Ruzow opened the case before the grand jury between June 18, 2007 and July 13, 2007, under case number 2007-006639. ADA Defs.’ R. 56.1 Stmt. ¶27; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 27. ADA Ruzow proceeded to issue subpoenas seeking documentation of Laro’s payment and receipt of all equipment as well as invoices from the Tennant Company. ADA Defs.’ R. 56.1 Stmt. ¶¶ 44, 49; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶¶ 44, 50; Krasnow Deck, Ex. M, at 1-2, 6. ADA Ruzow also interviewed several Port Authority employees, but did not meet or interview current Laro employees. Nor did ADA Ruzow subpoena any Laro employees to testify before the grand jury at this time. ADA Defs.’ R. 56.1 Stmt. ¶¶42, 53; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶¶ 42, 53.

The grand jury convened on August 5, 2008 to hear the People’s evidence. Krasnow Deck, Ex. Q, at 1. The grand jury considered an indictment consisting of one count of grand larceny in the second degree, three counts of falsifying business records in the first degree, and three counts of offering a false instrument for filing in the first degree. Miller Decl. 2, Ex. C. The false records and false instrument charges alleged that Bertuglia and Laro had made false entries by filing invoices that contained charges for equipment that was never purchased and submitted those invoices to the Port Authority, a public entity. Id. at 2-3. Lawrence Waxman, a Port Authority employee in the procurement department, testified before the grand jury that the contract required Laro to purchase several pieces of equipment, including a Tennant Model 800 roadway sweeper and a Tennant Model 550 roadway scrubber. Id. at 4, 9. The anticipated cost of the equipment was $85,000 for the scrubber and $68,000 for the sweeper. Id. at 11. Laro billed the Port Authority $153,000 over the contract period to cover the cost of the equipment. Id. at 13. Laro would bill for every hour of use of the cleaning equipment, and the bill included a charge to offset the cost of the new equipment. Id. at 15.

Antoinette Tahan, a Port Authority employee working in expenditure review, testified next. Id. at 20. Tahan testified that Laro received payment for thirty-six monthly invoices from January 1, 2005 to December 31, 2007. Id. at 25. Bruce Wild, a distribution manager at Tennant, testified that no other companies sold the Tennant equipment the contract required. Id. at 30. Wild further testified that Laro had not purchased the sweeper and the scrubber provided for in the contract. Id. at 28-29. Robert Vetter, the next witness, was the former Chief Operating Officer at Laro. Id. at 32-33. He testified that it was his understanding that Laro was required to purchase new equipment pursuant to the Port Authority contract. Id. at 36-37. Vetter testified that he and Ber-tuglia had the authority to order the purchase of equipment. Id. at 39. Vetter left Laro in April of 2005. Id. at 40.

Finally, Dennis Felice testified before the grand jury. Felice, a Port Authority employee, was an accounts specialist who drafted part of the Laro/Port Authority contract, including the equipment list and technical specifications. Id. at 42^13. Felice explained how the lump sum in the monthly invoices billed the hourly wage for the station cleaning. He testified that the hourly wage for cleaning services included a charge for the purchase of the new equipment. Id. at 46. He also testified that Laro billed the Port Authority for the cost of the sweeper and scrubber that were never purchased. Id. at 48.

The grand jury returned a true bill against Laro and Bertuglia on all counts. Miller Decl. 1, Ex. X; Norinsberg Decl. 3, Ex. G. Bertuglia was arraigned the morning of August 7, 2008 and released on $25,000 bail. Krasnow Decl., Ex. V, at 7-8. ADA Ruzow stated in court that Ber-tuglia’s case “involve[d] a theft of a substantial amount of money from the Port Authority.... Pursuant to th[e] contract he was required to purchase new unused equipment for which he billed the Port Authority. He was reimbursed. He did not purchase a majority of that equipment. The equipment that was involved was $400,000. He did not purchase at least $200,000 worth of that equipment.” Id at 7.

The DA’s Office issued a press release on August 7, 2008, announcing the indictment of Laro and Bertuglia and the arrest of Bertuglia. Krasnow Decl., Ex. X. Alicia Maxey Greene, an employee in the Public Information Office of the DA’s Office, drafted the press release with ADA Ru-zow’s input and under her supervision. ADA Defs.’ R. 56.1 Stmt. ¶¶ 68-70; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶¶ 68-70. The press release stated that Laro “did not purchase a majority of the required equipment” and noted that over $200,000 in equipment had not been purchased. Krasnow Decl., Ex. X.

After the grand jury returned the indictment, Schaffler also recommended that the DA’s Office investigate Bertuglia’s parents and his immediate family for suspected health insurance and pension fraud. ADA Defs.’ R. 56.1 Stmt. ¶ 74; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 74; Norinsberg Decl. 3, Ex. CC at 174. The gist of the allegations was that Bertuglia’s father who had retired from a job as a bus driver and was collecting a pension, was working at Laro, and that, his wife, Bertuglia’s mother, received a paycheck and healthcare coverage for an alleged no-show job. No-rinsberg Decl. 3, Ex. CC at 174; Miller Decl. 1, Ex. R, at 59. ADA Ruzow was reluctant to investigate Bertuglia’s family because of the advanced age of Bertuglia’s parents and because she did not generally expand her investigations to include a defendant’s family. Miller Decl. 1, Ex. R, at 59; Norinsberg Decl. 3, Ex. CC at 175. Nevertheless, ADA Ruzow opened a healthcare fraud case in October 2008 under the case number 2008-007117 and opened a grand jury investigation at that time. ADA Defs.’ R. 56.1 Stmt. ¶¶ 75-76; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶¶ 75-76; Krasnow Decl., Ex. L. In connection with the healthcare fraud case, ADA Ruzow subpoenaed health insurance, bank, and pension records. ADA Defs.’ R. 56.1 Stmt. ¶ 78; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 78.

On February 26, 2009, Judge Ronald Zweibel dismissed the first indictment against Bertuglia but did not dismiss the indictment against Laro. Judge Zweibel concluded that the evidence presented to the grand jury was insufficient to support a reasonable inference that Bertuglia knew about the equipment requirement and that he had intended to defraud the Port Authority and file false business records. Norinsberg Decl. 3, Ex. A, at 1-3.

After Judge Zweibel dismissed the first indictment against Bertuglia, the DA’s Office dropped the indictment against Laro in order to present a second indictment against Bertuglia and Laro together. Miller Decl. 1, Ex. R, at 144. The second indictment dropped six of the seven charges. The second indictment charged only grand larceny in the second degree against Bertuglia and Laro. Id. at 145.

Before the second grand jury presentation in connection with the alleged overbill-ing, Schaffler and Femme interviewed several Laro employees, including Robert Kolakowski, Gregory Pulitano, and Steve Davidson. ADA Defs.’ R. 56.1 Stmt. ¶ 90; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 90. Schaffler testified that he reported back to ADA Ruzow after he interviewed each witness. Krasnow Deck, Ex. H, at 150. ADA Ruzow issued several subpoenas. Some subpoenas were addressed to Laro’s counsel, seeking records of Laro’s equipment purchases. ADA Defs.’ R. 56.1 Stmt. ¶ 92; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 92; Krasnow Decl., Ex. BB, at 1. ADA Ruzow also signed subpoenas directing Stephanie Bertuglia Henninger, Bertuglia’s daughter, and Robert Bertug-lia, Sr., Bertuglia’s father, to appear before the grand jury. ADA Defs.’ R. 56.1 Stmt. ¶¶ 98-99; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶¶ 98-99. It is undisputed that ADA Ruzow did not serve or issue any subpoenas in connection with the second grand jury presentation directing a witness to appear in her office for an interview. ADA Defs.’ R. 56.1 Stmt. ¶ 103; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 103.

ADA Ruzow presented the People’s evidence to the grand jury in connection with the second indictment on March 16, 18, 23, and 30, 2009 and April 6 and 8, 2009. ADA Defs.’ R. 56.1 Stmt. ¶ 104; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 104. The grand jury heard evidence from Port Authority forensic investigator Fred Ferrone about Bertuglia’s signature on the Port Authority contract. Krasnow Decl., Ex. D, at 15. Ferrone also testified that Laro was paid monthly as evidenced by monthly invoices, and that Laro’s contract was extended after the initial three-year contract period. Id. at 16, 18. Wild, Waxman, and Tahan testified as they had before the first grand jury. Id. at 319 (Wild testifying that Laro did not purchase the scrubber or sweeper from Tennant), 238-39 (Waxman testifying about the requirement for new equipment), 331-35 (Tahan explaining Laro’s invoice history at the Port Authority). Waxman supplemented his first testimony by testifying that Bertuglia had been involved in meetings where-the Port Authority and Laro discussed the pricing of the contract. Id. at 239-40.

Robert Vetter also testified again, and he supplemented his previous testimony with details about Laro’s financial difficulties. Id. at 31-35. Vetter testified that he spoke to Bertuglia about how the fixed cost of supplies and equipment was built into the hourly wage of the station workers. Id. at 34-35. Vetter testified that he spoke to Bertuglia about the need to purchase new equipment while Laro was preparing the Port Authority bid. Id. at 46. Vetter testified that Laro did not have the credit facility at Tennant to purchase the equipment. Id. at 64. Vetter also testified that after he left Laro in April of 2005, Bertuglia was in charge of managing the bus terminal contract. Id. at 58-59.

Port Authority employee Bernard D’Aleo testified for the first time. 'He testified about his responsibility overseeing the administration of contracts at the Port Authority, including the Laro contract. Id. at 379. D’Aleo testified that Laro purchased some new equipment, but not all of it. Norinsberg Decl. 3, Ex. NN, at 383-84. D’Aleo testified that he talked to'Robert Kolakowski at Laro about the missing equipment. Id. at 384. D’Aleo also said he told his supervisors, Roger Prince and Rob King, about the missing equipment. Id. D’Aleo recalled that a Tennant Model 550 arrived at the terminal two years into the contract, but a Tennant Model 800 never arrived. Id. at 385-86. D’Aleo was in charge of approving Laro’s monthly invoices, and he testified he did not know that the invoices calculated the cost of the new equipment and incorporated the cost into the hourly wage for the cleaners. Id. at 391-92. Had he known, D’Aleo testified he would have taken deductions to compensate for the missing equipment. Id. at 392.

Roger Prince, D’Aleo’s supervisor, testified that Bertuglia was his contact at Laro after Vetter left. Krasnow Deck, Ex. D, at 220. However, Prince testified that he was not aware that equipment was missing, thereby contradicting part of D’Aleo’s testimony. Id. at 234. Robert Kolakow-ski, a former site manager at the bus terminal and a Laro employee, also testified, saying that he was aware that Laro was supposed to purchase the equipment. Miller Decl. 1, Ex. I, at 361-62. He said that D’Aleo asked about the new equipment once or twice a week. Id. at 364. Kolakowski testified that he spoke to Gregory Pulitano, Laro’s acting Chief Financial Officer, about the new equipment, and that eventually “everybody forgot about it basically.” Id. at 365. Kolakow-ski said that D’Aleo called him about six or seven times asking for the equipment. Id. at 371. The grand jury also heard testimony from additional witnesses including Laro employees Gregory Pulitano, Stephanie Bertuglia Henninger, and Steve Davidson. ADA Defs.’ R. 56.1 Stmt. ¶¶ 117,119, 121; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶¶ 117,119,121.

On April 8, 2009, the grand jury returned an indictment against Bergulia and Laro for the crime of grand larceny in the second degree in violation of New York Penal Law § 155.40(1). ADA Defs.’ R. 56.1 Stmt. ¶ 122; Pis.’ Resp. to ADA Defs.’ R. 56.1 Stmt. ¶ 122; Krasnow Deck, Ex. DD.

On October 5, 2009, Judge Zweibel dismissed the second indictment against both Laro and Bertuglia. Norinsberg Decl. 3, Ex. H. Judge Zweibel concluded that there was enough evidence to satisfy the amount of loss for grand larceny of $50,000 or more because there was evidence that the scrubber and sweeper cost $153,000 combined. Id. at 22. Judge Zweibel also concluded that there was “prima facie evidence that the cost of this purchase was built into the contract and had been paid to Laro in installments ... upon [the Port Authority’s] receipt of thirty-six monthly invoices.” Id. at 23. Judge Zweibel concluded that “Laro’s invoices could be viewed as containing an implied false representation.” Id. However, Judge Zweibel was skeptical of the People’s evidence of an intent to defraud by Bertuglia and Laro. Id. He concluded that once Vetter and Davidson left Laro, Laro was “left ... without someone who knew what [to do] with the contract.” Id. at 24. He pointed out that it was unclear whether the Port Authority had paid Laro “based on reliance of a false statement” in the invoices. Id. at 26. Because of thin evidence on the element of intent, Judge Zweibel concluded that the grand jury evidence was “legally insufficient” as to Bertuglia and Laro. Id. at 28.

Judge Zweibel then commented on the “prosecutors’ misconduct in their presentation to the grand jury.” Id. He noted that dismissal of an indictment on the grounds of prosecutorial misconduct is only possible if the misconduct consisted of deliberate prosecutorial wrongdoing or involved errors that would have potentially prejudiced the defendant. Id. at 29. Judge Zweibel determined that the grand jury presentation did not “rise to that level” of prosecu-torial wrongdoing but that it was very close. Id. He identified the following problems: (1) vouching for evidence and improper questioning during the presentation of the testimony of Stephanie Bertug-lia Henninger and Gregory Pulitano, id. at 31-32, (2) an implied threat of a perjury charge, id. at 32, and (3) introduction of bad act evidence when the prosecutors asked about possible health insurance fraud because Bertuglia’s family members were on the payroll and receiving health insurance through Laro despite not being actual employees, id. at 33-34. Judge Zweibel noted that, “[w]ith certain exceptions, criminal trial rules of evidence are also applicable to Grand Jury proceedings.” Id. at 34. Judge Zweibel stated that “the cumulative effect of the prosecution’s error, given the insufficiency of the evidence, further justifies dismissal of the entire indictment.... [T]he Court believes [the prosecutor’s conduct] rendered the presentation so defective that the indictment must be dismissed on this ground as well.” Id. at 35 (emphasis added). The alleged misconduct was not the sole basis for dismissal given that Judge Zweibel dismissed the indictment for insufficient evidence of intent to defraud as well as in the interest of justice because the court did not regard Laro’s acts as criminal. Id. at 37.

C.

On March 29, 2011, Bertuglia and Laro filed a complaint against the Port Authority defendants, supervisory defendants at the Port Authority, ADAs Ruzow and Seotto, and the City of New York. In their Amended Complaint, filed in July 2011, the plaintiffs asserted numerous causes of action under 42 U.S.C. § 1983, including false arrest, malicious prosecution, malicious abuse of process, denial of the right to a fair trial, inducement of false testimony, conspiracy, and “stigma plus,” against various sets of defendants. The plaintiffs asserted a Monell claim against the City of New York for being deliberately indifferent in .connection with prosecutorial training and discipline. The plaintiffs also asserted state law claims for tortious interference with contract and tortious interference with an economic advantage.

Following motions to dismiss by all the defendants, this Court dismissed all of the claims by Bertuglia and Laro against the Port Authority supervisory defendants for failure to plead personal involvement. See Bertuglia v. City of New York, 889 F.Supp.2d 703, 719, 721-23 (S.D.N.Y.2012). Several § 1983 claims against Port Authority employees Schaffler, D’Aleo, and Ferrone survived: (1) false arrest for allegedly urging the ADA defendants to arrest the plaintiffs based on information the defendants allegedly knew to be false, id. at 722 (against only Schaffler and Fer-rone); (2) malicious prosecution against the Port Authority defendants for allegedly encouraging the prosecution of the plaintiffs while providing false information, id. at 723; (3) deprivation of the right to a fair trial because the Port Authority defendants allegedly provided knowingly false information to the prosecutors, id. at 724. A § 1983 “stigma plus” claim against Schaffler also survived based on Schaf-fler’s alleged communications with Laro’s clients in which he allegedly told Laro’s clients that Bertuglia and Laro were likely stealing from them. Id. at 725-26. A malicious abuse of process claim survived against Schaffler and ADAs Ruzow and Seotto because the plaintiffs alleged that the ADAs and Schaffler issued illegal subpoenas to Laro’s employees, clients, and other individuals. Id. at 727, 735. A Chalfy claim alleging a violation of due process of law based on a systematic pattern of harassment also survived against Schaffler and ADAs Ruzow and Seotto; the claim was premised on the same allegations of the misuse of subpoenas, harassment, and manipulation, as well as on allegations that the defendants were out to destroy Laro’s business and to ruin Ber-tuglia and his family. Id. at 719, 736 n. 11; Chalfy v. Turoff, 804 F.2d 20, 22-23 (2d Cir.1986) (per curiam).

A conspiracy claim against ADA Ruzow and Schaffler survived because the plaintiffs had sufficiently pleaded the existence of an agreement between those two defendants to serve coercive subpoenas, visit Laro’s clients together, and harass witnesses. Bertuglia, 839 F.Supp.2d at 728, 735. A stigma plus claim against ADAs Ruzow and Seotto survived because the plaintiffs alleged that the ADA defendants publicized false charges in the press. Id. at 735. Finally, a Monéll claim against the City for failure to train and failure to discipline survived because the plaintiffs alleged a longstanding policy of the City never disciplining prosecutors who committed the types of misconduct ADAs Ru-zow and Seotto had allegedly committed. Id. at 738-39.

In connection with the claims against the ADA defendants, this Court held that all claims premised on subpoenas issued after a grand jury was convened or that were based on the alleged conduct of the defendants before the grand jury were barred by absolute immunity. Id. at 732-33. The malicious abuse of process claims, Chalfy claims, and conspiracy claims could proceed only to the extent they were based on activities that were undertaken when the ADAs were not acting in their roles as advocates. Id. at 732. If the ADAs were preparing to present a case to the grand jury, those activities would be protected by absolute immunity because the ADAs were acting as advocates in preparing for the initiation of judicial proceedings. Id. The Court also concluded that “any subpoenas issued or interviews conducted between the dismissal of the first indictment and the issuance of the second indictment were also covered by absolute immunity because the State Supreme Court had retained jurisdiction after the dismissal of the first indictment, and explicitly granted the ADA defendants time to convene another grand jury and seek a second indictment.” Id.

III.

A. Schaffler

The plaintiffs now move for partial summary judgment against Schaffler on their claim of malicious prosecution. Schaffler cross-moves for summary judgment, seeking dismissal of all the § 1983 claims asserted against him, namely: (1) malicious prosecution, (2) false arrest, (3) the Chalfy claim, (4) malicious abuse of process, (5) deprivation of the right to a fair trial, (6) the “stigma plus” claim, (7) and conspiracy to violate the plaintiffs’ constitutional rights.

(1)

To sustain a § 1983 claim based on malicious prosecution, a plaintiff must demonstrate a seizure amounting to a Fourth Amendment violation and establish the elements of a malicious prosecution claim under state law. Manganiello v. City of New York, 612 F.3d 149, 160-61 (2d Cir.2010); see also Garrett v. City of New York, No. 10cv2689 (JGK), 2011 WL 4444514, at *7 (S.D.N.Y. Sept. 26, 2011). Under New York law, “[mjalicious prosecution occurs when ‘(1) the defendant initiated a prosecution against plaintiff, (2) without probable cause to believe the proceeding can succeed, (3) the proceeding was begun with malice and, (4) the matter terminated in plaintiffs favor.’ ” Cameron v. City of New York, 598 F.3d 50, 63 (2d Cir.2010) (quoting Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 123, 130 (2d Cir.1997)). Schaffler does not dispute that a criminal proceeding was initiated against the plaintiffs and that the second proceeding terminated in Laro and Bertuglia’s favor. Schaffler’s Mem. of Law in Opp. to Pis.’ Mot. for Summ. J. at 6.

However “the existence of probable. cause is a complete defense to a claim of malicious prosecution.” Savino v. City of New York, 331 F.3d 63, 75 (2d Cir.2003). The undisputed facts, construed in the light most favorable to Schaffler as the non-moving party, fail to show that Ber-tuglia and Laro are entitled to judgment as a matter of law. Here, the plaintiffs’ motion fails because there was sufficient probable cause for the charges in the two indictments. Indeed, as explained below, Schaffler is entitled to summary judgment, dismissing the claim even construing the evidence in the light most favorable to the plaintiffs.

As a threshold matter, well-established law in this Circuit requires this Court to apply a presumption of probable cause when there is a grand jury indictment. See id. at 72 (“The District Court also correctly recognized that, under New York law, indictment by a grand jury creates a presumption of probable cause that may only be rebutted by evidence that the indictment was procured by ‘fraud, perjury, the suppression of evidence or other police conduct undertaken in bad faith.’ ” (emphasis in the original) (quoting Colon v. City of New York, 60 N.Y.2d 78, 468 N.Y.S.2d 453, 455 N.E.2d 1248, 1251 (1983))); Colon, 468 N.Y.S.2d 453, 455 N.E.2d at 1250 (“Once a suspect has been indicted, however, the law holds that the grand jury action creates a presumption of probable cause.” (internal citation omitted)).

The rule is founded upon the premise that the grand jury acts judicially and it may be presumed that it has acted regularly. The presumption may be overcome only by evidence establishing that the police witnesses have not made a complete and full statement of facts either to the grand jury or to the District Attorney, that they have, misrepresented or falsified evidence, that they have withheld evidence or otherwise acted in bad faith.... In [New York], the trial court may not weigh the evidence upon which the police acted or which was before the grand jury after the indictment has issued. If plaintiff is to succeed in his malicious, prosecution action after he has been indicted, he must establish that the indictment was produced by fraud, perjury, the suppression of evidence or other police conduct undertaken in bad faith.

Colon, 468 N.Y.S.2d 453, 455 N.E.2d at 1250-51 (internal citations omitted).

Bertuglia argues that the grand jury presumption does not apply in this case because Judge Zweibel dismissed the indictments. However, in Colon, the New York Court of Appeals made it clear that a court is not permitted to weigh the evidence presented to the grand jury to determine if there was probable cause. The indictment itself answers that question in the affirmative. Id., 468 N.Y.S.2d 453, 455 N.E.2d at 1251. In Colon itself, the New York Court of Appeals found that it was irrelevant that the prosecutor dismissed the indictment because the People lacked evidence to establish a prima facie case. Id. And in Rothstein v. Cerniere, 373 F.3d 275 (2d Cir.2004), the Court of Appeals for the Second Circuit reversed the district court’s judgment for a plaintiff in a § 1983 action partially due to the district court’s refusal to apply the presumption of probable cause created by an indictment. Id. at 283. In Rothstein, the prosecutor also dismissed the grand jury indictment. Id. at 281.

Here, too, the indictments were dismissed by the court, although unlike in Colon and Rothstein, the prosecutor did not initiate the dismissal. But dismissals of indictments based on insufficient evidence for the prosecution to make out a prima facie case do not vitiate the presumption of probable cause from a grand jury indictment. See Colon, 468 N.Y.S.2d 453, 455 N.E.2d at 1251 (noting that the DA’s dismissal of the indictment did not vitiate the presumption because it was not “a concession that the arrest was made without probable cause” in contrast to a grand jury indictment that is superseded by a no bill action by the grand jury); Cornell v. Kapral, No. 09cv0387 (GTS/ATB), 2011 WL 94063, at *9 (N.D.N.Y. Jan. 11, 2011), aff'd, 483 Fed.Appx. 590 (2d Cir.2012) (“The presumption of probable cause created by an indictment is not even vitiated, at least in New York State, by a dismissal of the indictment based on a discovery that the people lack evidence to establish a prima facie case of guilt.”).

Therefore, to rebut the presumption the plaintiffs must show that the indictment was produced by fraud, perjury, or suppression of evidence. Rothstein, 373 F.3d at 283. The plaintiffs cannot rely on the dismissals because while Judge Zweibel criticized the prosecution’s presentation of bad act evidence and examination of witnesses before the grand jury, there is no mention of false evidence or perjury. Norinsberg Decl. 3, Ex. H. at 32-33. Judge Zweibel concluded that there was insufficient evidence to proceed with a criminal prosecution and trial. He did not conclude that there was the type of severe misconduct that New York law requires to vitiate the presumption of probable cause afforded by a grand jury indictment. See Colon, 468 N.Y.S.2d 453, 455 N.E.2d at 1251.

The plaintiffs cannot overcome the grand jury presumption because the plaintiffs fail to raise a triable issue of fact that Schaffler lied to the grand jury or to ADA Ruzow. The plaintiffs have produced no evidence that the grand jury was defrauded or that its integrity was undermined. With respect to whether Schaffler lied to the grand jury, it is undisputed that Schaffler did not testify before the grand jury and thus, it was impossible for him to have presented false testimony to the grand jury. Schaffler’s R. 56.1 Stmt. ¶ 54; Pis.’ Resp. to Schaffler’s R. 56.1 Stmt. ¶ 54.

The presumption can be rebutted if a defendant failed to give a “complete and full statement of facts ... to the District Attorney ... [or] misrepresented or falsified evidence.” See Rothstein, 373 F.3d at 283 (internal citations omitted). But there is no evidence that Schaffler did so in this case. Out of the extensive record in this case, the plaintiffs point to three allegedly false statements Schaffler made to ADA Ruzow: (1) that the plaintiffs had knowingly overbilled the Port Authority; (2) that Kolakowski had complained to Ber-tuglia about the lack of equipment; and (3) that Bertuglia was a “thief’ and a “crook” who “stole a lot of money.” Pis.’ Mem. of Law in Opp. to Schaffler’s Mot. for Summ. J. at 15-16; Pis.’ R. 56.1 Stmt. ¶¶ 59-62; Schaffler’s Resp. to Pis.’ R. 56.1 Stmt ¶¶ 59-62.

The plaintiffs argue that these statements rebut the grand jury presumption because the statements show Schaffler gave ADA Ruzow baseless information. The plaintiffs argue that Schaffler lied to ADA Ruzow in May 2007, and told her that Laro was knowingly overbilling the Port Authority. There is no contemporaneous evidence of what Schaffler actually said to ADA Ruzow about the alleged ov-erbilling at the initiation of the ADA’s investigation in May 2007. See Norinsberg Decl. 3, Ex. BB, at 48-49. An email from March 29, 2007, states that Schaffler was “looking into” Bertuglia and Laro for overbilling, and the DA’s Office opened an investigation in May 2007. Krasnow Deck, Ex. F, at 30; id. at 40. Schaffler also admitted that he told ADA Ruzow “in sum and substance” that it was his opinion that Laro had knowingly overbilled the Port Authority but he admitted that he made the statement at “some point during the investigation.” Norinsberg Deck 3, Ex. CC, at 117-18. The evidence available to Schaffler supported a conclusion of over-billing. Schaffler had access to the Laro proposal and contract, and the Laro proposal included the cost of new equipment in the hourly wage. See Krasnow Deck, Ex. E, at 15 (“Equipment”), 17 ($154,493 total cost per annum); see generally Miller Deck 1, Ex. B. And Bertuglia admitted that the Port Authority paid all the invoices from 2005 to 2007 that Laro submitted. Miller Deck 3, Ex. KK, at 435-36. Thus, Schaffler’s statements about over-billing were not false.

The plaintiffs rely on Schaffler’s 2014 deposition where he stated that he did not “personally” have any knowledge of Laro overbilling or potentially overbilling the Port Authority in 2007. See Norinsberg Deck 3, Ex. CC, at 41-42; Pis.’ R. 56.1 Stmt. ¶ 66. The plaintiffs contend that Schaffler told ADA Ruzow about the over-billing and referred the matter for criminal prosecution without investigating whether the accusation was true. But, it is undisputed that in the course of the months following May 2007, and before the first grand jury presentation over a year later, Schaffler interviewed employees of the Port Authority and former employees at Laro who informed him that new equipment was missing. See Schaffler’s R. 56.1 Stmt. ¶¶ 50, 53 (Ferrone inspected the machines at the bus terminal in early 2008 and found that the scrubber and sweeper were old models); Pis.’ Resp. to Schaffler’s Stmt. ¶¶ 50, 53. The evidence described above supports Schaffler’s inferences that the plaintiffs were overbilling the Port Authority. Schaffler was an investigator. He was not a witness with personal knowledge and the investigation was pursued for over a year before ADA Ruzow presented the case to the grand jury without relying on Schaffler.

The plaintiffs also argue that Schaffler’s statement to ADA Ruzow that Kolakowski complained to Bertuglia about the missing equipment was false. See Norinsberg Deck 4, Ex. NNN, at 78. Kolakowski, in a 2014 deposition, denied that he complained to Bertuglia or that Kolakowski told Schaf-fler or any other investigator about complaining to Bertuglia. Norinsberg Deck 4, Ex. JJJ, at 101. But whether Kolakowski ever actually told Schaffler that he spoke to Bertuglia is irrelevant to the claim for malicious prosecution. Schaffler’s statement could not have called into question the integrity of the grand jury because no testimony was presented to the grand jury by Schaffler or by ADA Ruzow that Kola-kowski had directly complained to Bertug-lia.

Kolakowski did not testify before the grand jury considering the first indictment. Kolakowski testified before the grand jury considering the second indictment that he complained to Laro employees other than Bertuglia about the missing equipment. Kolakowski testified that he reported to Robert Vetter and later Gregory Pulitano and Bertuglia, and that Kolakowski knew that Laro was supposed to buy new equipment. Miller Decl. 1, Ex. I, at 361-62. Kolakowski testified that Laro never purchased the new equipment. Id. at 362-63. Kolakowski testified that D’Aleo at the Port Authority asked him “once or twice a week” where the new equipment was. Id. at 364-65, 371 (saying that D’Aleo asked about the equipment six or seven times). Kolakowski also testified that he spoke to Gregory Pulitano at Laro corporate headquarters about the missing equipment, and that eventually “everybody forgot about it basically.” Id. at 365. Given Kolakowski’s first hand testimony, the grand jury was not misled by Schaffler’s alleged statement to ADA Ruzow.

Schaffler’s statement is in any event, supported by other evidence. Bertuglia himself admitted having a conversation with Kolakowski about the equipment in 2008 in which Kolakowski said that Vetter did not finish purchasing the equipment before he left Laro. Miller Decl. 1, Ex. EE, at 191-94. And Vetter testified to the grand jury that Bertuglia was aware about the need to purchase the equipment and that Vetter (who left Laro in spring of 2005) had discussed the equipment with Bertuglia. Miller Decl. 1, Ex. G-2, at 56 (discussing the lack of financing for the equipment), 60-61.

Bertuglia also claims that Schaffler referred to him as a “crook” in front of ADA Ruzow, and that this statement is false because Bertuglia did not knowingly over-bill the Port Authority. Miller Decl. 2, Ex. D, at 243-44; Miller Decl. 3, Ex. KK, at 510-11. Schaffler admitted that he told ADA Ruzow “[i]n sum and substance” that it was his opinion that Laro had knowingly overbilled the Port Authority and that Bertuglia was a “thief,” although he did not use those exact words. Norinsberg Decl. 3, Ex. CC, at 117-18. Schaffler appears to have called Bertuglia a “thief’ or “crook” or something to that effect to his face while Bertuglia and his attorney were meeting with Schaffler and ADA Ruzow. Miller Decl. 3, Ex. KK, at 510-11. The context shows that Schaffler’s statement was a statement of Schaffler’s personal opinion, not a statement of fact.

Moreover, the evidence does support a conclusion of overbilling. Bertuglia admitted that the Port Authority paid all the invoices from 2005 to 2007 that Laro submitted. Id. at 435-36. And Bertuglia admitted that during the contract period, two pieces of equipment were not replaced— the scrubber and sweeper. Id. at 418. Bertuglia has even admitted that he had a “partial understanding” that Laro was paid at an hourly rate of $0.76 for the equipment. Sehaffler’s R. 56.1 Stmt. ¶ 71; Pis.’ Resp. ¶ 71; Miller Decl. 1, Exhibit EE, at 194-95. Schaffler’s statement was not false nor was it the type of statement that would affect the grand jury’s integrity-

The plaintiffs have failed to show a triable issue of fact that Schaffler provided knowingly false evidence to the grand jury or that he made knowingly false statements to ADA Ruzow. Therefore, the plaintiffs have not overcome the grand jury presumption of probable cause.

On the merits, the plaintiffs’ malicious prosecution claim fails because the plaintiffs have produced no evidence to support an essential element of their claim: .causation. If there is a superseding cause for the indictment, a defendant may not be liable for malicious prosecution. See Townes v. City of New York, 176 F.3d 138, 147 (2d Cir.1999) (noting the well-established rule that the chain of causation is broken “in the absence of evidence that [the defendant] misled or pressured the official who could be expected to exercise independent judgment”); see also Douglas v. City of New York, 595 F.Supp.2d 333, 342 (S.D.N.Y.2009); Alcantara v. City of New York, 646 F.Supp.2d 449, 459 (S.D.N.Y.2009).

There is an exception for a defendant who has fabricated evidence or provided false testimony. To prevail in a § 1983 malicious prosecution action premised on false and fabricated statements, those statements must have been the proximate cause of the prosecution. In Bermudez v. City of New York, 790 F.3d 368 (2d Cir.2015), the Court of Appeals concluded that although the ADA made the independent decision to prosecute the plaintiff, the plaintiff had raised a triable issue of fact as to whether the ADA may have been misled about the fact that the defendant police officers had coerced witnesses and used improper identification procedures. Id. at 374-75.

The evidence in this case shows that Schaffler was not the proximate cause of the prosecution. ADA Ruzow decided to prosecute the plaintiffs based on her independent examination of witnesses and the evidence of the alleged overbilling. Miller Decl. 1, Ex. R, at 50, 52 (ADA Ruzow decided to issue subpoenas), 236 (ADA Ruzow made the determination of whether to prosecute Laro and Bertuglia). Her independent decision was the superseding cause of the plaintiffs’ prosecution.

It is undisputed that Schaffler provided information and updates to ADA Ruzow and participated in the Laro investigation. See Pis.’ R. 56.1 Stmt. ¶¶67, 69; Schaf-fler’s Resp. to Pis.’ R. 56.1 Stmt. ¶¶ 67, 69 (Schaffler updated ADA Ruzow on the progress of the investigation). But as described above, the plaintiffs fail to show Schaffler made false statements or fabricated or withheld evidence. And the information Schaffler provided did not constitute evidence. ADA Ruzow decided not to call Schaffler as a witness before the grand jury because she had “the actual witnesses there.” See Miller Decl. 1, Ex. R, at 233-34. It is undisputed that ADA Ruzow personally interviewed the witnesses and presented their testimony to the grand jury. The plaintiffs provide no evidence that Schaffler somehow misled ADA Ru-zow. Schaffler’s statements to ADA Ru-zow may have influenced her to investigate Bertuglia and Laro, but his statements were not false, and ADA Ruzow’s ultimate decision to prosecute the - plaintiffs was based on the evidence from several sources, such as Robert Vetter. Miller Decl. in Reply to Opp. to Mot. (“Miller Decl. 4”), Ex. RR, at 136-38 (ADA Ruzow noting evidence that supported her conclusion that Bertuglia knew about the equipment requirement). ADA Ruzow’s independence severs the chain of causation between Schaffler’s statements and the indictments.

Moreover, unlike the prosecutor in Cameron v. City of New York, ADA Ruzow did not merely verify Schaffler’s reports and rely on his investigation. See Cameron, 598 F.3d at 64. In Cameron, the defendant police officer’s personal account of the arrest was the main evidence against the plaintiff, along with video footage that arguably corroborated the officer’s account, and it was the officer’s account that led the prosecutor to prosecute the case against the plaintiff. Id. But Schaffler’s investigative role was very different. Schaffler did not have personal knowledge of the billing practices of Laro and Bertuglia. He relayed what he gleaned from witness interviews to ADA Ruzow, without providing any independent evidence. The record reflects that ADA Ruzow interviewed witnesses, subpoenaed documents related to the Port Authority contract, and built a case against the plaintiffs that did not depend on Schaffler’s suspicions of over-billing. See Bermudez, 790 F.3d at 377 (noting that even if the ADA was misled by the police’s photo array, the ADA interviewed the witnesses herself and their testimony provided sufficient probable cause); Miller Decl. 1, Ex. R, at 50. Thus, no reasonable juror could find that Schaffler’s actions satisfied the causation element of the plaintiffs’ § 1983 malicious prosecution claim.

Furthermore, the plaintiffs’ malicious prosecution claim also fails because there was sufficient probable cause to prosecute Laro and Bertuglia of the grand larceny charges in the first and the second indictments. “The determination of probable cause to prosecute is distinct from probable cause to arrest, and is assessed in light of the facts known or reasonably believed at the time the prosecution was initiated, as opposed to at the time of the arrest.” Sankar v. City of New York, 867 F.Supp.2d 297, 311 (E.D.N.Y.2012) (analyzing probable cause at the time the defendant filed a sworn complaint and when he testified before the grand jury) (citing Boyd v. City of New York, 336 F.3d 72, 76 (2d Cir.2003) and Carson v. Lewis, 35 F.Supp.2d 250, 263 (E.D.N.Y.1999)) (internal citations quotation marks omitted) (emphasis in the original). “Probable cause ‘exists when [one] ha[s] knowledge of, or reasonably trustworthy information as to, facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested.’ ” Williams v. Town of Greenburgh, 535 F.3d 71, 79 (2d Cir.2008) (quoting Zellner v. Summerlin, 494 F.3d 344, 368 (2d Cir.2007)); Rothstein, 373 F.3d at 292.

ADA Ruzow testified that the overbilling investigation was a joint investigation that the Port Authority brought to the DA’s office’s attention after doing some “preliminary investigation” and that “an additional investigation [was] done after it was initially brought to reach the threshold required.” Miller Deck 1, Ex. R, at 50. The DA’s Office “interviewed a number of witnesses, reviewed documents, subpoenaed individuals, and companies.” Id. The crucial inquiry for a claim of malicious prosecution is not whether Laro and Bertuglia actually overbilled and defrauded the Port Authority but whether the evidence from the investigation supports a finding of probable cause to believe that Laro and Bertuglia had knowingly overbilled the Port Authority such that a reasonable person would believe they had committed grand larceny. See Phillips v. DeAngelis, 571 F.Supp.2d 347, 354-55 (N.D.N.Y.2008), aff'd, 331 Fed.Appx. 894 (2d Cir.2009).

Based on the evidence available to the DA’s Office, there was sufficient probable cause to seek the first indictment against Bertuglia and Láro. First, as to Laro, there is clear probable cause from the first grand jury indictment, that Judge Zweibel did not dismiss against Laro. Norinsberg Decl. 3, Ex. A. As to Bertuglia, several witnesses testified that Laro knew about the equipment requirement and flouted it, and that Bertuglia, as Laro’s principal and CEO, was aware of the requirement by virtue of having signed the contract. There was testimony that Bertuglia signed the Letter of Acceptance that accepted the Port Authority’s offer and contract to clean the bus terminal. Miller Deck 2, Ex. C, at 8. The contract provided that Laro was required to purchase certain equipment, id. at 9, and Laro indicated that it would spend about $153,000 on the equipment. Id. at 11. Laro received payment for the entire period of the contract, and the invoices, though not itemized, included an annual lump sum charge that incorporated the hourly wage rate for equipment. Id. 13-14, 24-25. Laro did not purchase the sweeper or the scrubber. Id. at 30. And Vetter testified that Bertuglia had the ultimate decision-making power at Laro. Id. at 33.

On the basis of all the information known to the DA’s Office, there was sufficient evidence from reasonably reliable sources, including Port Authority employees and a Laro employee, to conclude that Bertuglia and Laro were knowingly over-billing the Port Authority and submitting false invoices that reflected an annual lump sum that had not been adjusted to account for the fact that equipment was never purchased. See United States v. Gagnon, 373 F.3d 230, 236 (2d Cir.2004). Thus, there was sufficient probable cause to prosecute Laro and Bertuglia for grand larceny.

Moreover, the evidence presented to the second grand jury was considerably stronger. It included the testimony of Robert Kolakowski and additional testimony from Robert Vetter. Their testimony addressed Bertuglia’s knowledge of the provisions of the contract and buttressed the circumstantial evidence of Bertuglia’s and Laro’s intent to defraud. During his second grand jury testimony, Vetter testified that Bertuglia was aware that new equipment had to be purchased under the Port Authority contract and that Bertuglia was aware that the cost of the equipment was built into the hourly wage rate. Miller Decl. 1, Ex. G-2, at 60-61. Vetter said he had short conversations with Bertuglia about the new equipment and how much it was all going to cost. Most of his conversations about the equipment were with Steve Davidson, another Laro employee. Bertuglia would “pop in [to] ask some questions.” Id. at 46. Vetter said he believed that Bertuglia was aware of the equipment provision because they had reviewed the contract several times. Id. at 50, 61. Vetter testified that Bertuglia was in and out of meetings when they were discussing the need for new equipment, including early meetings at which the new equipment requirement was first discussed when Laro was preparing to bid on the Port Authority contract. Id. at 56, 60, 46; see also Krasnow Decl., Ex. D, at 240. Vetter discussed financing and the inability to purchase the new equipment in front of Bertuglia. Miller Decl. 1, Ex. G-2, at 60.

Laro submitted invoices that included charges for equipment that was never purchased. The charges reflected the cost of the new equipment to be purchased for $154,493.00 that was not actually purchased. Schaffler’s R. 56.1 Stmt. ¶ 12; Pis.’ Resp. to Schaffler’s R. 56.1 Stmt. ¶ 12; Miller Decl. 1, Ex. F, at 347-48. It is undisputed that Laro never actually purchased the equipment. Miller Decl. 1, Ex. K, at 386. Bertuglia signed the contract and Vetter testified that Bertuglia was aware of the contract’s equipment requirement, and the difficulty of financing the purchase. There was sufficient probable cause for a reasonable person to conclude that Bertuglia and Laro had an intent to defraud by continuing to submit the invoices that included payments for equipment that had not in fact been purchased. Thus, there was sufficient probable cause to prosecute Laro and Bertuglia of the charges of grand larceny in the first and second indictments. The plaintiffs fail to show there was a lack of probable cause. By the same measure, the evidence in the light most favorable to the plaintiffs for the purposes of Schaffler’s motion for summary judgm