United States Second Circuit

Summary judgment and an order denying reconsideration in favor of defendant-police officer in a 42 U.S.C. section 1983 action alleging Fourth Amendment violations related to the arrest and prosecution of plaintiff following his altercation with defendant is vacated where the district court erred in its findings regarding a presumption of probable cause and qualified immunity.

Appellate Information

• Decided 02/24/2006
• Published 02/28/2006

Judges

• MINER, Circuit Judge., Before:  MINER, WESLEY, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lee D. Greenstein, Albany, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Gregory S. Mills, Clifton Park, NY, for Defendant-Appellee.