John Stephen Larkin v. Patrick Savage, John Doe, John Rittenhouse, Charles Campisi, Anthony Cartusciello, & P.O. Lodyzinski, 318 F.3d 138 (2d Cir. 2003). · Go Syfert
John Stephen Larkin v. Patrick Savage, John Doe, John Rittenhouse, Charles Campisi, Anthony Cartusciello, & P.O. Lodyzinski, 318 F.3d 138 (2d Cir. 2003). Cases Citing This Book View Copy Cite
197 citation events (197 in the last 25 years) across 9 distinct courts.
Strongest positive: Nigel Fredricks v. Donald Trump and U.S. Army Undercover Federal Agents John Does and Janes Does (nywd, 2026-05-22)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Nigel Fredricks v. Donald Trump and U.S. Army Undercover Federal Agents John Does and Janes Does
W.D.N.Y. · 2026 · confidence medium
Pleading Standards In evaluating a complaint, a court must “accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiff's favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
discussed Cited as authority (rule) Michael Tisdale v. Kevin McCarthy
W.D.N.Y. · 2026 · confidence medium
Pleading Standards In evaluating a complaint, a court must “accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
discussed Cited as authority (rule) Matthew D. Walker v. Matthew Dean, Deputy Sheriff in Individual and Official Capacity, and Niagara County Sheriffs Department, Official Capacity
W.D.N.Y. · 2026 · confidence medium
Even if so construed, such claim would fail because Walker alleges neither the personal involvement of any defendant nor the “mens rea” prong of an inadequate medical care claim, that is, that a defendant “acted with deliberate indifference to [his serious medical] needs.” Charles v. Orange County, 925 F.8d 73, 86 (2d Cir. 2019) (citing Estelle v. Gamble, 429 U.S. 97, 105 (1976); Darnell v. Pineiro, 849 F.3d 17, 29 (2d Cir. 2017). 318 F.3d 138, 189 (2d Cir. 2003); King v. Simpson, 189 F.8d 284, 287 (2d Cir. 1999).
discussed Cited as authority (rule) Scott Sinwell v. Deborah A. Haendiges, Erie County Court/New York State Court, and Erie County Correctional Facility Staff
W.D.N.Y. · 2026 · confidence medium
Pleading Standards In evaluating a complaint, the court must “accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 189 (2d Cir. 2003).
discussed Cited as authority (rule) Karl Henry Lucce v. ICK Health Corps Services (HSC)
W.D.N.Y. · 2026 · confidence medium
Pleading Standards In evaluating a complaint, a court must “accept all factual allegations as true and must draw all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
discussed Cited as authority (rule) Bass v. Swartwood (2×) also: Cited "see"
2d Cir. · 2025 · confidence medium
Standard of Review “We review de novo a district court’s dismissal of complaints under 28 U.S.C. §§ 1915A and 1915(e)(2)(B).” McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004) (citing Larkin v. Savage, 318 F.3d 138, 139 (2d.
discussed Cited as authority (rule) Jamie James v. Nicholas Vandemar (Officer), Andrew Mackenzie (Detective), Detective Klein, Henry, N. Thomas, C. Brock, A. Lomard, C. Jacuzzi, B. Farrell, J. Lacoursiere, L. Mastrangelo, C. Davis, R. Leo, M. Williamson, J. Mascho, Williams, Lappetite, Doron, Kinney, B. Corterm, B. Abrams, R. Castrichini, B. McDonald, J. Whitmore, C. Brady, J. Oeschise, C. Morales, C. Lacuzzi, Norman, Gifford, Melson, Rynders, A. Pedicare, Merrell, Breen, Wagner, Osika, Mortillaro, Cushman, and Maskin
W.D.N.Y. · 2025 · confidence medium
Pleading Standards In evaluating a complaint, a court must “accept all factual allegations as true and must draw all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited as authority (rule) MacKwashie v. Mensah
W.D.N.Y. · 2025 · confidence medium
April 20, 2028) (citing Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam)).
discussed Cited as authority (rule) Jordan v. Walker
2d Cir. · 2024 · confidence medium
When 6 reviewing the dismissal of “a prisoner complaint pursuant to section 1915A, ‘we accept all of the 7 facts alleged in the complaint as true and draw all inferences in the plaintiff’s favor.’” Abbas v. 8 Dixon, 480 F.3d 636, 639 (2d Cir. 2007) (quoting Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 9 2003)).
discussed Cited as authority (rule) Michel v. Orange County
2d Cir. · 2024 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003). 1 “We must 14 reverse a district court’s dismissal pursuant to § 1915A whenever a liberal reading of the complaint 15 gives any indication that a valid claim might be stated.” Id.
discussed Cited as authority (rule) Croney v. Department of Corrections, Elmira (Chemung) 3rd Dept
W.D.N.Y. · 2024 · confidence medium
In evaluating a complaint, the court must “accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003).
cited Cited as authority (rule) Lefler v. State of New York
W.D.N.Y. · 2024 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam).
cited Cited as authority (rule) Myers v. Wigdorski
W.D.N.Y. · 2023 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam).
discussed Cited as authority (rule) Lefler v. State of New York
W.D.N.Y. · 2023 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam). “[E]ven after Twombly, dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases.” Boykin v, Keycorp, 521 F.3d 202, 216 (2d Cir. 2008).
cited Cited as authority (rule) Bryant v. Home Depot
W.D.N.Y. · 2023 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam).
discussed Cited as authority (rule) Fluitt v. Baxter
W.D.N.Y. · 2023 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam). “[E]ven after Twombly, dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases.” Boykin v. Keycorp, 521 F.3d 202, 216 (2d Cir. 2008).
discussed Cited as authority (rule) Reid v. The City of New York
S.D.N.Y. · 2021 · confidence medium
Pre- service dismissal is inappropriate “whenever a liberal reading of the complaint gives any indication that a valid claim might be stated.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam).
cited Cited as authority (rule) Campbell v. Annucci
W.D.N.Y. · 2021 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003).
cited Cited as authority (rule) Tripathy v. Schneider
W.D.N.Y. · 2021 · confidence medium
Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
discussed Cited as authority (rule) McFadden v. Noeth
2d Cir. · 2020 · confidence medium
McEachin, 357 F.3d at 200 . 4 Once again, because he proceeded pro se in the District Court, we construe McFadden’s complaint liberally and note that “[w]e must reverse a district court’s dismissal” after screening “whenever a liberal reading of the complaint gives any indication that a valid claim might be stated.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam).
discussed Cited as authority (rule) Abreu v. Lipka
2d Cir. · 2019 · confidence medium
Therefore, we find that at this stage, “a liberal reading of the complaint gives an[] indication” that a plausible First Amendment retaliation claim “might be stated.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam). * * * We have considered Abreu’s remaining arguments and find them to be without merit.
cited Cited as authority (rule) Harnage v. Lightner
2d Cir. · 2019 · confidence medium
In reviewing such dismissals, we “accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiff’s favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003).
discussed Cited as authority (rule) McCray v. Caparco (2×) also: Cited "see, e.g."
2d Cir. · 2019 · confidence medium
STANDARD OF REVIEW We review de novo a district court’s sua sponte dismissal pursuant to 28 U.S.C. § 1915A, see Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003); the dismissal of a complaint for failure to state a claim, see Allco Fin.
discussed Cited as authority (rule) Grief v. Quay
2d Cir. · 2017 · confidence medium
We review de novo a district court’s sua sponte dismissal of a claim under 28 U.S.C. §§ 1915 (e)(2) and 1915A, “accepting] all of the facts alleged in the complaint as true and drawing] all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003); McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004).
cited Cited as authority (rule) Shapard v. Attea
2d Cir. · 2017 · confidence medium
We will reverse the dismissal if “a liberal reading of the complaint gives any indication that a valid claim might be stated.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam).
cited Cited as authority (rule) Shapard v. Attea
2d Cir. · 2017 · confidence medium
We will reverse the dismissal if “a liberal reading of the complaint gives any indication that a valid claim might be stated.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam).
cited Cited as authority (rule) Webster v. Himmelbach
W.D.N.Y. · 2017 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003).
cited Cited as authority (rule) Wright v. Semple
2d Cir. · 2017 · confidence medium
We review de novo a district court’s sua sponte dismissal under 28 U.S.C. § 1915A, Larkin v. Savage, 318 F.3d 138, 139 (2d *541 Cir. 2003) (per curiam).
cited Cited as authority (rule) Brown v. Rotenberg
W.D.N.Y. · 2017 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003).
cited Cited as authority (rule) Telesford v. Annucci
2d Cir. · 2017 · confidence medium
We will reverse the dismissal if “a liberal reading of the complaint gives any indication that a valid claim might be stated.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003). 1.
cited Cited as authority (rule) Green v. Martin
D. Conn. · 2016 · confidence medium
Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003).
discussed Cited as authority (rule) Zarro v. Spitzer
2d Cir. · 2008 · confidence medium
Though the district court did not specify the statutory basis for its dismissal, we assume that it was applying 28 U.S.C. § 1915A, which allows the district court to dismiss a complaint filed by a prisoner upon finding that it “fails to state a claim upon which relief may be granted.” 3 We review the district court’s sua sponte dismissal of Plaintiffs Complaint de novo. 4 Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003) (per curiam).
discussed Cited as authority (rule) Guilbert v. Sennet
2d Cir. · 2007 · confidence medium
In making this assessment, a court must “ ‘accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor.’ ” Id. at 112-13 (quoting Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003)).
discussed Cited as authority (rule) Abbas v. Dixon
2d Cir. · 2007 · confidence medium
When reviewing a district court's decision to dismiss a prisoner complaint pursuant to section 1915A, "we accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiff's favor." Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003) ( per curiam ).
discussed Cited as authority (rule) Abbas v. Dixon
2d Cir. · 2007 · confidence medium
When reviewing a district court’s decision to dismiss a prisoner complaint pursuant to section 1915A, “we accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003) (per curiam).
discussed Cited as authority (rule) Credit Suisse First Boston, LLC v. Intershop Communications AG
S.D.N.Y. · 2006 · confidence medium
See Neitzke v. Williams, 490 U.S. 319, 326 , 109 S.Ct. 1827 , 104 L.Ed.2d 338 (1989); McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir.2004) (“[A] complaint should not be dismissed for failure to state a claim [under 12(b)(6)] unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”) (citation omitted); Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003) (stating that in evaluating a motion under 12(b)(6) “we accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor…
discussed Cited as authority (rule) Frasier v. State
nyclaimsct · 2005 · confidence medium
Larkin v Savage, 318 F3d 138, 139 [2d Cir 2003] [“We must reverse a district court’s dismissal pursuant to § 1915A whenever a liberal reading of the complaint gives any indication that a valid claim might be stated”]).
discussed Cited as authority (rule) Shakur v. Selsky
1st Cir. · 2004 · confidence medium
In assessing whether a claim is legally sufficient, "we accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiff's favor." Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003) (per curiam).
discussed Cited as authority (rule) Shakur v. Selsky
2d Cir. · 2004 · confidence medium
In assessing whether a claim is legally sufficient, “we accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor.” Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003) (per curiam).
discussed Cited as authority (rule) Gates v. Towery
N.D. Ill. · 2004 · confidence medium
Similarly, in Larkin v. Savage, 318 F.3d 138, 139 (2d Cir.2003), a prisoner sued several police officers alleging that they denied him due process by refusing to return his car, which was seized at the time of his arrest.
cited Cited "see" Scott Dingwall v. Niagara County Sheriff’s Office et al.
W.D.N.Y. · 2026 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited "see" Zakkiyya Carter, as Pro se v. Gerald Greenan III
W.D.N.Y. · 2026 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 189 (2d Cir. 2008); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited "see" Nicholas Bates Stumpf v. Jeffrey Cooley and Wonisha-Ann Greenlee
W.D.N.Y. · 2026 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003).
cited Cited "see" Khalif Tariq Abdullah v. Superintendent Julie Wolcott, Sgt. Stacey Leone, Sgt. Guzerk, John Doe, Jane Doe #1, and Jane Doe #2
W.D.N.Y. · 2026 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2008) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited "see" Negrito Paul Noel v. Trooper Kevin D. Laibach, et al.; Negrito Paul Noel and Donna Jenkins v. Trooper P.D. Steadman, et al.
W.D.N.Y. · 2025 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited "see" Negrito Paul Noel v. Trooper Kevin D. Laibach, et al.; Negrito Paul Noel and Donna Jenkins v. Trooper P.D. Steadman, et al.
W.D.N.Y. · 2025 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited "see" Holly Jarvis v. Officer Knapp et al.
N.D.N.Y. · 2025 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited "see" Eckert v. City of Buffalo
W.D.N.Y. · 2025 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
cited Cited "see" Eckert v. City of Buffalo
W.D.N.Y. · 2025 · signal: see · confidence high
See Larkin v. Savage, 318 F.3d 138, 139 (2d Cir. 2003) (per curiam); King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999).
Retrieving the full opinion text from the archive…
John Stephen LARKIN, Plaintiff-Appellant,
v.
Patrick SAVAGE, John Doe, John Rittenhouse, Charles Campisi, Anthony Cartusciello, and P.O. Lodyzinski, Defendants-Appellees
Docket 01-0227.
Court of Appeals for the Second Circuit.
Jan 23, 2003.
318 F.3d 138
2003 U.S. App. LEXIS 1056
2003 WL 160778
John Stephen Larkin, Mid-State Correctional Facility, Marcy, NY, pro se.*
Leval, Cabranes, Berman.
Cited by 171 opinions  |  Published
PER CURIAM.

Plaintiff John Stephen Larkin filed a complaint (the “Complaint”) on July 20, 2001 in the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge) against the various police-officer defendants, alleging that they denied him due process in violation of 42 U.S.C. § 1983 by refusing to return his motor vehicle, which he turned over to the police at the time of his arrest on October 11, 1996. He now appeals from a judgment entered on September 4, 2001, dismissing his Complaint sua sponte pursuant to 28 U.S.C. § 1915A.

We review de novo a district court’s sua sponte dismissal pursuant to 28 U.S.C. § 1915A. See Marvin v. Goord, 255 F.3d 40, 42 (2d Cir.2001). In reviewing a district court’s decision to dismiss a prisoner complaint pursuant to § 1915A, we accept all of the facts alleged in the complaint as true and draw all inferences in the plaintiffs favor. See, e.g., Wynn v. Southward, 251 F.3d 588, 591-92 (7th Cir.2001); cf . Desiderio v. Nat’l Ass’n of Securities Dealers, Inc., 191 F.3d 198, 202 (2d Cir.1999) (holding that, in reviewing a district court’s dismissal for failure to state a claim, “we accept all of plaintiffs factual allegations in the complaint as true and draw inferences from those allegations in the light most favorable to the plaintiff’). We must reverse a district court’s dismissal pursuant to § 1915A whenever a liberal reading of the complaint gives any indication that a valid claim might be stated. Wynn, 251 F.3d at 592; cf. Desiderio, 191 F.3d at 202 (‘We will not affirm the dismissal of a complaint unless it appears beyond doubt, even when the complaint is liberally construed, that the plaintiff can prove no set of facts which would entitle him to relief.” (internal quotation marks omitted)).

I.

According to the Complaint, Larkin was arrested on October 11, 1996 in Staten Island for driving with a suspended license. Compl. ¶ 4A. After being taken to the police station, he was questioned by Detective Patrick Savage about a homicide that had taken place. Id. Larkin consented to turn over his truck to the police for forensic testing in connection with the homicide investigation. Id. ¶ 4B. During the course of these events, Larkin’s photograph was positively identified by an eyewitness to an armed robbery that occurred on October 9, 1996. Id. Accordingly, as soon as Detective Savage finished questioning Larkin with respect to the homicide, Larkin was charged with the armed[*140] robbery. Id. According to the Complaint, the homicide investigation is still on-going. Id.

On January 31, 1997, Larkin received an “Order of Release” for his motor vehicle, issued by the Richmond County District Attorney’s Office, which stated that there was “no further use for this property by this office.” Id. ¶ 4C. According to Lar-kin, he presented the order of release to Detective Savage that same day, but Detective Savage “refuse[d] to acknowledge” the order. Id. Larkin then contacted the New York State Attorney General’s Office, which assigned his claim an identification number and directed him to the New York State Bar Association, which, in turn, directed him to the New York State Commission of Investigation, which then directed him to the New York Police Department’s Internal Affairs Bureau (“IAB”). Id. ¶¶ 4E-H.

On or about April 1, 2000, Larkin filed a complaint with the IAB. Id. ¶41. In a letter dated April 26, 2000, Sergeant John Rittenhouse informed Larkin that his truck was located at the New York Police Department’s Motor Vehicle Impound Facility on 31st Avenue in Queens and had been verified as ready for release. Id. ¶ 4K. He also provided Larkin with copies of the documents that he, or his duly authorized representative, would have to present to Police Officer Lodyzinski, the clerk of the impound facility, in order to recover his vehicle. Id. According to Lar-kin, his “duly-authorized” representative presented the required documents to Officer Lodyzinski on or about May 18, 2001, but Officer Lodyzinski, claiming to be acting under the direct order of Detective Savage, refused to release the vehicle. [1] Id. ¶¶ 4N-0.

II.

In a Memorandum and Order dated August 22, 2001, the District Court dismissed Larkin’s Complaint sua sponte pursuant to 28 U.S.C. § 1915A, which requires district courts to review complaints filed by prisoners “before docketing, if feasible or, in any event, as soon as practicable after docketing,” and to dismiss such complaints if, upon review, the court determines that the complaint fails to state a claim upon which relief can be granted or that the claims raised are frivolous or malicious. [2] The[*141] District Court noted that a claim is frivolous whenever “a dispositive defense clearly exists on the face of the complaint.” Larkin v. Savage, 01-CV-4987 (NGG), at 2 (E.D.N.Y. Aug. 22, 2001) (“Larkin ”) (quoting Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir.1998)) (internal quotation marks omitted). The Court then determined that a dispositive defense exists to Larkin’s claim because (1) deprivation of property does not violate the Due Process Clause if an adequate state law remedy exists for the deprivation, id. at 2 (citing, inter alia, Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984)), (2) New York provides such a remedy, id. at 2-3, and (3) Larkin has “not alleged facts which would demonstrate that his state remedies are in any way inadequate or inappropriate,” id. at 3. The Court entered a judgment dismissing Lar-kin’s Complaint on September 4, 2001, and Larkin timely filed this appeal.

In Alexandre v. Cortes, 140 F.3d 406 (2d Cir.1998), we reversed a district court’s grant of summary judgment in favor of the defendants on a similar claim. We held in Alexandre that summary judgment was improper because the district court had not determined (1) whether the procedures set forth in § 12 of the Rules of the City of New York satisfy the requirements of the Due Process Clause, and (2) whether the claimant received adequate notice of these procedures. Id. at 414. Accordingly, we indicated that (1) whether the procedures set forth in City Rule § 12 meet the requirements of due process is an open question in our Circuit, and (2) even if these procedures are generally adequate, they only bar a § 1983 action for the deprivation of property if the plaintiff was given proper notice of their requirements. Id.

In the instant case, the District Court failed to address either of these issues. Instead, it summarily concluded that Larkin had not “alleged facts which would demonstrate that his state remedies are in any way inadequate or inappropriate.” Larkin at 3. But the Complaint clearly indicates that Larkin was unable to reclaim his vehicle despite following the procedures suggested by various state employees. Accordingly, Larkin has certainly presented a material issue of fact as to whether he received adequate notice of the proper procedures for obtaining his vehicle. Further, even if Larkin had been given notice of the proper procedures, he alleges that he followed all of the instructions given to him but that, nevertheless, he was not permitted to recover his vehicle. If proven, this assertion would raise serious questions as to whether the state’s procedures for recovering property were adequate to satisfy the requirements of due process and, therefore, whether they could be invoked as a defense to this action.

For the foregoing reasons, the District Court erred in determining that a disposi-tive defense exists on the face of Larkin’s Complaint and, therefore, that the Complaint was frivolous. As a result of this error, the District Court improperly dismissed the Complaint sua sponte pursuant to 28 U.S.C. § 1915A.

Accordingly, the judgment of the District Court is hereby reversed and the case[*142] is remanded for further proceedings consistent with this opinion.

1

. At all relevant times, the Rules of the City of New York provided that, in order to recover "[p]roperty vouchered for investigation,” that is "unconnected to an arrest,” a claimant must "obtain a release from the investigating officer, in writing, usually on department letterhead.” 38 R.C.N.Y. § 12-06, 12-38 (1991). Therefore, if, as the Complaint implies, the homicide investigation pursuant to which Larkin's car was seized was not connected to the armed robbery for which he was arrested, then, under Rule 12-06, Larkin would have had to obtain a release from Detective Savage in order to reclaim his car.

A different rule exists, however, for "[plrop-erty seized at the time of an arrest or property seized in a case in which an arrest is later made.” R.C.N.Y. § 12-38. Such "[alrrest [e]vidence” would be "[r]eleased to claimant upon presentation of a District Attorney's release” to the property clerk, provided the demand was "made within 90 days of the termination of the criminal proceedings or within 90- days after the issue of a District Attorney['s] release, whichever is sooner.” 38 R.C.N.Y. § 12-03. It would seem from the Complaint that Larkin attempted to follow this latter procedure in obtaining his vehicle. It appears, however, that Detective Savage and Officer Lodyzinski believed that the car was investigative property and, therefore, that Rule 12-06 prohibited its release without Detective Savage's permission.

2

. 28 U.S.C. § 1915A provides in relevant part:

(a) Screening. — The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental[*141] entity or officer or employee of a governmental entity.
(b) Grounds for dismissal. — On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint—
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.