HUNTER v. CITY OF NEW YORK (2019)

Plaintiff asserts claims for false arrest, false imprisonment, malicious prosecution, and violation of constitutional rights under 42 USC § 1983.  Inasmuch as the officer's observations established probable cause for arrest, defendants had a complete defense to the claims of false arrest, false imprisonment and malicious prosecution (see Batista v. City of New York, 15 A.D.3d 304, 790 N.Y.S.2d 445 [2005];  Lui Yi v. City of New York, 227 A.D.2d 453, 643 N.Y.S.2d 123 [1996] ), notwithstanding the subsequent dismissal of the criminal charges (see Arzeno v. Mack, 39 A.D.3d 341, 833 N.Y.S.2d 480 [2007] ).  Plaintiff fails to establish bad faith by the officers with respect to false arrest, or actual malice with respect to malicious prosecution (see id. at 342, 833 N.Y.S.2d 480;  Jenkins v. City of New York, 2 A.D.3d 291, 770 N.Y.S.2d 22 [2003] ).

Defendants further established that defendant Detective Pena did not falsify evidence.  Pena's testimony and the photographs and vouchers for the contraband demonstrate that the police did, in fact, recover a bag containing cocaine from behind a cushion of the couch, warranting the dismissal of the denial of a fair trial and failure to intervene claims.