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THERE WAS PROBABLE CAUSE TO ARREST PLANTIFF FOR TRESPASS AFTER SHE WAS ASKED TO LEAVE THE RESTAURANT BY RESTAURANT STAFF; THEREFORE PLAINTIFF’S FALSE ARREST CAUSE OF ACTION SHOULD HAVE BEEN DISMISSED (FOURTH DEPT).

The Fourth Department determined plaintiff’s cause of action for false arrest should have been dismissed in this excessive-force, civil-rights-violation action against two police officers. Plaintiff got into an argument with restaurant staff and was asked to leave by the staff, who then called the police. The police broke plaintiff’s arm when attempting to handcuff her. The excessive force, civil-rights-violation causes of action properly survived defendants’ summary judgment motions. But there was probable cause to arrest plaintiff for trespass, requiring dismissal of the false arrest cause of action:

“[T]he existence of probable cause is an absolute defense to a false arrest claim” … . This is so even if probable cause exists with respect to an offense other than the one actually invoked at the time of arrest … . Here, although plaintiff lawfully entered the restaurant premises as a customer, her license to remain was revoked when she was asked to leave after she began arguing with the staff. When plaintiff refused to leave the restaurant property at the request of its staff, she committed a trespass … . Inasmuch as plaintiff committed an ongoing trespass in defendants’ presence (see CPL 140.10 [1] [a]), defendants had probable cause to arrest plaintiff for that violation … . Snow v Rochester Police Officer Christopher Schreier, 2021 NY Slip Op 02638, Fourth Dept 4-30-21

 

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