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False Arrest/Malicious Prosecution – Plaintiff contends absence of probable cause to trespass charges

U.S.District Eastern County, NY

The plaintiff contended that the police officers picked him up as he was walking on the street, drove him to an address that was apparently the scene from which a trespass complaint was made several hours earlier, and then placed him under arrest, despite the alleged absence of probable cause. The criminal charges were dismissed after the city’s witnesses did not appear on two occasions in court.

The defendant maintained that there was probable cause, and that they acted appropriately. The defendant maintained that when they brought the plaintiff to the scene of the earlier incident, the individual initially calling the police pointed out the plaintiff as the perpetrator. The plaintiff contended that in view of numerous factual inconsistencies between the events as described by the officers, the defendant’s position was highly suspect and should be rejected.

The plaintiff also pointed out that the complaining witness did not identify plaintiff, but her sister did.The jury found for the defendant.

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