United States Second Circuit

Where officer knew that plaintiff had been involved in an accident, in which he drove his truck into a telephone pole in the early morning hours, and that plaintiff had consumed at least three beers that evening, the officer had arguable probable cause to issue plaintiff a ticket for driving while intoxicated, and it was error to deny officer's motion for summary judgment, on plaintiff's false arrest claim, on qualified immunity grounds.

Appellate Information

• Argued 01/14/2002
• Decided 03/26/2002
• Published 03/27/2002

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, CABRANES and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Edward J. Lindner, Assistant Solicitor General, (Eliot Spitzer, Attorney General of the State of New York, Peter H. Schiff, Senior Counsel, on the brief), Albany, NY, for Defendant-Appellant., Kevin A. Luibrand, Tobin & Dempf, LLP, Albany, NY, for Plaintiff-Appellee.