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False Arrest and False Imprisonment Causes of Action Properly Dismissed—City Demonstrated Police Had Probable Cause to Arrest Based Upon a Complaint by an Identified Citizen

The Second Department determined plaintiff’s complaint alleging false arrest and false imprisonment was properly dismissed, finding the city demonstrated the police had probable cause to arrest the plaintiff based upon allegations made by an identified complainant. Although accused of a shooting by the alleged victim, plaintiff was never indicted. Discrepancies in statements made by the alleged victim of the shooting did not negate the existence of probable cause to arrest:

To prevail on a cause of action alleging false arrest or false imprisonment, a plaintiff must prove (1) intentional confinement by the defendant, (2) of which the plaintiff was aware, (3) to which the plaintiff did not consent, and (4) which was not otherwise privileged … . Where, as here, an arrest is made without a warrant, “[t]he existence of probable cause serves as a legal justification for the arrest and an affirmative defense to the claim” … . “Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed” … .

The defendants established their prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging false arrest and false imprisonment by submitting evidence demonstrating that the police had probable cause to arrest the plaintiff. “[I]nformation provided by an identified citizen accusing another individual of a specific crime is legally sufficient to provide the police with probable cause to arrest” … . The defendants’ submissions established that the complainant, an identified citizen, claimed that he was shot in the back and identified the plaintiff as the person who shot him. The arresting detective testified at his deposition that he observed the complainant’s gunshot wound and recovered a bloody T-shirt with a bullet hole from him. The defendants’ submissions demonstrated that the complainant identified the plaintiff as the shooter by name, provided the police with a physical description of him, and identified the plaintiff as the shooter in a photograph, all prior to the plaintiff’s arrest … . Nolasco v City of New York, 2015 NY Slip Op 06663, 2nd Dept 8-26-15

 

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