8 New York opinions name it 3 courts 1989–2026 6 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Maria De Lourdes Torres v. Police Officer Jonesgreen2 sentences2026"For purposes of the privilege element of a false arrest and imprisonment claim, an act of confinement is privileged if it stems from a lawful arrest supported by probable cause" ( De Lourdes Torres , 26 NY3d at 759 [citations omitted]; see Gann v City of New York , 197 AD3d 1035 , 1035 [1st Dept 2021]["showing of probable cause to arrest is a complete defense to an unlawful arrest and imprisonment claim"]). 2024"For purposes of the privilege element of a false arrest and imprisonment claim, an act of confinement is privileged if it stems from a lawful arrest supported by probable cause" ( De Lourdes Torres , 26 NY3d at 759 [citations omitted]; see Gann v City of New York , 197 AD3d 1035 , 1035 [1st Dept 2021]["showing of probable cause to arrest is a complete defense to an unlawful arrest and imprisonment claim"]). | 6 | 6 |
Colon v. City of New Yorkgreen2 sentences2026"Probable cause consists of such facts and circumstances as would lead a reasonably prudent person in like circumstances to believe plaintiff guilty" ( Colon v City of New York , 60 NY2d 78, 82 [1983]; see De Lourdes Torres , 26 NY3d at 759 ; Atwater v City of Lago Vista , 532 US 318, 354 [2001]["If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender"]). 2024"Probable cause consists of such facts and circumstances as would lead a reasonably prudent person in like circumstances to believe plaintiff guilty" ( Colon v City of New York , 60 NY2d 78, 82 [1983]; see De Lourdes Torres , 26 NY3d at 759 ; Atwater v City of Lago Vista , 532 US 318, 354 [2001]["If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender"]). | 4 | 4 |
Atwater v. City of Lago Vistagreen2 sentences2026"Probable cause consists of such facts and circumstances as would lead a reasonably prudent person in like circumstances to believe plaintiff guilty" ( Colon v City of New York , 60 NY2d 78, 82 [1983]; see De Lourdes Torres , 26 NY3d at 759 ; Atwater v City of Lago Vista , 532 US 318, 354 [2001]["If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender"]). 2024"Probable cause consists of such facts and circumstances as would lead a reasonably prudent person in like circumstances to believe plaintiff guilty" ( Colon v City of New York , 60 NY2d 78, 82 [1983]; see De Lourdes Torres , 26 NY3d at 759 ; Atwater v City of Lago Vista , 532 US 318, 354 [2001]["If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender"]). | 3 | 3 |
Weyant v. Okstgreen1 sentence2024"Probable cause exists when an arresting officer has knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime" (Weyant v Okst, 101 F3d 845, 852 [2d Cir 1996]). | 1 | 1 |
Diop v. City of New Yorkgreen1 sentence2024"For purposes of the privilege element of a false arrest and imprisonment claim, an act of confinement is privileged if it stems from a lawful arrest supported by probable cause" (De Lourdes Torres, 26 NY3d at 759 [citations omitted]; Diop v City ofNew York, 50 FSupp3d 411,418 [SDNY 2014]["Because the existence of probable cause makes a confinement privileged, it is "a complete defense to an action for false arrest, whether that action is brought under state law or under § 1983"]). | 1 | 1 |
Fortunato v. City of New Yorkgreen1 sentence2016For purposes of the privilege element of a false arrest and imprisonment claim, an act of confinement is privileged if it stems from a lawful arrest supported by probable cause {see Gisondi v Town of Harrison, 72 NY2d 280, 283 [1988]; Broughton, 37 NY2d at 458 ; see also Fortunato v City of New York, 63 AD3d 880, 880 [2d Dept 2009]). | 1 | 1 |
Gisondi v. Town of Harrisongreen1 sentence2016For purposes of the privilege element of a false arrest and imprisonment claim, an act of confinement is privileged if it stems from a lawful arrest supported by probable cause {see Gisondi v Town of Harrison, 72 NY2d 280, 283 [1988]; Broughton, 37 NY2d at 458 ; see also Fortunato v City of New York, 63 AD3d 880, 880 [2d Dept 2009]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lawson v. City of New York
green
1 sentence2024NO. 53 RECEIVED NYSCEF: 10/01/2024 Lourdes Torres v Jones, 26 NY3d 742, 759 [2016] ["For purposes of the privilege element of a false arrest and imprisonment claim, an act of confinement is privileged if it stems from a lawful arrest supported by probable cause"]; Lawson v City ofNew York, 83 AD 3d 609 [1st Dept 2011] [existence of probable cause constitutes a complete defense to a claim of malicious prosecution]). | 1 | 2024–2024 |
Broughton v. State
green
1 sentence2016For purposes of the privilege element of a false arrest and imprisonment claim, an act of confinement is privileged if it stems from a lawful arrest supported by probable cause {see Gisondi v Town of Harrison, 72 NY2d 280, 283 [1988]; Broughton, 37 NY2d at 458 ; see also Fortunato v City of New York, 63 AD3d 880, 880 [2d Dept 2009]). | 1 | 2016–2016 |
Herman v. Village of Chester
neutral
1 sentence1989Further, in this case, knowledge of the facts underlying the false arrest and imprisonment claim may be imputed to the defendant (see, Matter of Herman v Village of Chester, supra). | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.