unlawful arrest and imprisonment claim (New York) · Go Syfert
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unlawful arrest and imprisonment claim in New York

6 New York opinions name it 2 courts 2021–2026 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.

Followed or applied (4)

CaseFollowedCited
Atwater v. City of Lago Vistagreen
scotus · 2001 · cited in 4 New York opinions naming this issue, 2024–2026
2 sentences

2026"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"]).

44
Colon v. City of New Yorkgreen
ny · 1983 · cited in 4 New York opinions naming this issue, 2024–2026
2 sentences

2026"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"]).

44
Maria De Lourdes Torres v. Police Officer Jonesgreen
ny · 2016 · cited in 3 New York opinions naming this issue, 2024–2026
2 sentences

2026"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"]).

33
People v. Espadagreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

2021The showing of probable cause to arrest is a complete defense to an unlawful arrest and imprisonment claim ( see Veloz v City of New York , 161 AD3d 668 , 668 [1st Dept 2018]; see also Penal Law § 120.14[1]; People v Espada , 94 AD3d 451, 452 [1st Dept 2012], lv denied 19 NY3d 1025 [2012]).

2021The showing of probable cause to arrest is a complete defense to an unlawful arrest and imprisonment claim ( see Veloz v City of New York , 161 AD3d 668 , 668 [1st Dept 2018]; see also Penal Law § 120.14[1]; People v Espada , 94 AD3d 451, 452 [1st Dept 2012], lv denied 19 NY3d 1025 [2012]).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

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.

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