Lewis Brisbois Obtained Summary Judgment In Police Negligence Case

Lewis Brisbois secured a summary judgment motion dismissing all claims against our clients, a municipality, a police department, and a police officer, in a Sec. 1983 case for false arrest/imprisonment, malicious prosecution, negligent hiring/training/supervision, civil rights violation, and punitive damages.

The plaintiff, who was involved in a physical altercation at a shelter, alleged that he was falsely arrested/imprisoned, maliciously prosecuted, and that his civil rights were violated by our clients when he was arrested for assault. The arresting officer conducted an investigation and relied on the accounts of the complaining witness and eyewitnesses as a basis for the arrest charges, as did the prosecutor’s office. In short, we argued that the officer’s reliance on his experience, training and investigation provided probable cause, which is a complete defense to false arrest and malicious prosecution claims. Information 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 plaintiff did not meet his burden in establishing his malicious prosecution claim nor that the officer was not entitled to qualified immunity. Further, he failed to demonstrate an official policy or custom that caused the alleged deprivation of his civil rights or establish a basis for his negligent hiring/training claim or punitive damages claims.

In its decision, the court found that the plaintiff’s claims of false arrest and imprisonment, malicious prosecution, and violation of civil rights pursuant to Sec. 1983 must fail as based on the officer’s observation, training, experience, and interviews of witnesses, including a complaining victim, there was probable cause to arrest plaintiff. Thus, all of the plaintiff’s claims against the municipal defendants were dismissed.

New York Partner Meghan A. Cavalieri and Associate Stephanie S. Matar handled the matter.