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When the One-Year Statute of Limitations Begins to Run for False Arrest, Malicious Prosecution and Assault and Battery Causes of Action Explained/Elements of False Arrest and Malicious Prosecution Explained

The Second Department explained when the one-year statute of limitations begins to run for false arrest, malicious prosecution and assault and battery causes of action.  The court further explained the elements of false arrest and malicious prosecution:

“Causes of action based on false arrest . . . accrue upon the subject’s release[ ] from confinement’ and are governed by a one-year statute of limitations” … . “The one-year statute of limitations applicable to a cause of action for malicious prosecution (see CPLR 215[3]) does not begin to run until favorable termination of the underlying criminal proceeding” … . * * *

…Supreme Court erred in denying that branch of the … defendants’ motion which was for summary judgment dismissing the third cause of action, which alleged assault and battery, insofar as asserted against them as time-barred. That cause of action is also governed by the one-year statute of limitations set forth in CPLR 215 (see CPLR 215[3]…). It is undisputed that the alleged assault and battery occurred more than one year prior to the commencement of this action. * * *

“A civilian defendant who merely furnishes information to law enforcement authorities, who are then free to exercise their own independent judgment as to whether an arrest will be made and criminal charges filed, will not be held liable for false arrest or malicious prosecution” … . To be held liable for false arrest, “the defendant must have affirmatively induced the officer to act, such as taking an active part in the arrest and procuring it to be made or showing active, officious and undue zeal, to the point where the officer is not acting of his [or her] own volition'” … . Similarly, in order for a civilian defendant to be considered to have initiated the criminal proceeding so as to support a cause of action based on malicious prosecution, ” it must be shown that defendant played an active role in the prosecution, such as giving advice and encouragement or importuning the authorities to act'” … . “Merely giving false information to the authorities does not constitute initiation of the proceeding without an additional allegation or showing that, at the time the information was provided, the defendant knew it to be false, yet still gave it to the police or District Attorney… . Williams v CVS Pharmacy, Inc., 2015 NY Slip Op 02115, 2nd Dept 3-18-15

 

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