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FALSE ARREST AND 42 USC 1983 CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED, ARREST STEMMING FROM A WARRANT WAS PRIVILEGED.

The Second Department determined the city’s motion to dismiss the complaint as a matter of law, made at the close of plaintiff’s proof, should have been granted. Plaintiff was stopped by the police for urinating in public. Based on an outstanding warrant for plaintiff’s arrest, plaintiff was arrested and detained. After dismissal of the charges, plaintiff sued alleging false arrest and civil rights violations (42 USC 1983). Because plaintiff’s arrest was pursuant to a warrant, the arrest was privileged and could not form the basis of the false arrest and 42 USC 1983 causes of action:

To be awarded judgment as a matter of law pursuant to CPLR 4401, a defendant must show that, upon viewing the evidence in the light most favorable to the plaintiff, there is no rational basis by which the jury could find for the plaintiff against the moving defendant … . The plaintiff’s evidence must be accepted as true, and the plaintiff is entitled to every favorable inference that can be reasonably drawn therefrom … .

Where the confinement or detention of an individual against his or her will is privileged, a cause of action alleging false arrest will not lie … . One instance in which the privilege applies is when the confinement is based on a facially valid arrest warrant, issued by a court having jurisdiction … .

Here, the plaintiff did not contest the fact that the warrant was facially valid, and was issued by a court of competent jurisdiction. Ali v City of New York, 2016 NY Slip Op 08490, Second Dept 12-22-16

MUNICIPAL LAW (FALSE ARREST AND 42 USC 1983 CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED, ARREST STEMMING FROM A WARRANT WAS PRIVILEGED)/CIVIL RIGHTS (FALSE ARREST AND 42 USC 1983 CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED, ARREST STEMMING FROM A WARRANT WAS PRIVILEGED)/FALSE ARREST (FALSE ARREST AND 42 USC 1983 CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED, ARREST STEMMING FROM A WARRANT WAS PRIVILEGED)/42 USC 1983 (FALSE ARREST AND 42 USC 1983 CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED, ARREST STEMMING FROM A WARRANT WAS PRIVILEGED)

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Proof Submitted in Reply Papers Not Considered

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