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The Existence of Probable Cause Required Dismissal of Causes of Action for False Arrest, False Imprisonment, Malicious Prosecution and Violation of Civil Rights (42 USC 1983)

The Second Department, reversing Supreme Court, determined the existence of probable cause was a complete defense to the causes of action alleging false arrest, false imprisonment, malicious prosecution and violation of civil rights (42 USC 1983):

The existence of probable cause constitutes a complete defense to causes of action alleging false arrest, false imprisonment, and malicious prosecution …, including causes of action asserted pursuant to 42 USC § 1983 to recover damages for the deprivation of Fourth Amendment rights under color of state law that are the federal-law equivalents of state common-law false arrest and malicious prosecution causes of action … . Generally, probable cause is established where an identified crime victim “communicates to the arresting officer information affording a credible ground for believing the offense was committed and identifies the accused as the perpetrator” … .

The appellants demonstrated their prima facie entitlement to judgment as a matter of law by establishing the existence of probable cause for the plaintiff’s arrest. Paulos v City of New York, 2014 NY Slip Op 07994, 2nd Dept 11-19=-14

 

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