On March 10, U.S. District Judge William H. Pauley III of the Southern District of New York granted in part and denied in part a motion to dismiss in a case brought by David Ganek, founder of Level Global Investors.  Ganek’s complaint, filed in February 2015, alleges that the defendants—prosecutors and FBI agents involved in a 2010 raid of Level Global—violated his civil rights.  He seeks compensatory and punitive damages.  The complaint alleges that the affidavit supporting the government’s request for a search warrant of Level Global and Ganek’s office contained deliberate misrepresentations.  Defendants, which include U.S. Attorney Preet Bharara, moved to dismiss the complaint.  Judge Pauley’s opinion granted the defendants’ argument with respect to plaintiff’s Fourth Amendment claim that the government’s choice of using a warrant—rather than a subpoena—and its tip to the Wall Street Journal about the raid were “unreasonable.”  He also granted the defendants’ argument with respect to the plaintiff’s Fifth Amendment claim “to the extent it relies on stigma-plus and substantive due process theories of liability.”  As to all other theories of liability, however, defendants’ motion to dismiss was denied.  Ganek v. Leibowitz et al., 15-cv-01446 (S.D.N.Y.).