United States Second Circuit
Ackerson v. City of White Plains, 11-4649
In action alleging false arrest, malicious prosecution and 1983 claims following arrest for 3rd degree menacing, summary judgment for defendants is affirmed in part and reversed in part, where: 1) plaintiff's actions were insufficient to sustain a menacing charge and no probable cause for the menacing arrest existed; 2) defendant-officers were not entitled to qualified immunity because "arguable probable cause" did not exist; but 3) summary judgment for defendant-city on the Monell claim and the dismissal of the malicious prosecution claims were appropriate.
Appellate Information
- Decided 11/29/2012
- Published 11/29/2012
Judges
- PER CURIAM
Court
- United States Second Circuit