United States Second Circuit

In a suit alleging violation of Fourth Amendment right to be free from unreasonable search and seizure, summary judgment for defendant is vacated where the law was clearly established that plaintiff had a constitutional right to be free from arrest without probable cause, as well as a constitutional right to be free from unreasonably prolonged or intrusive investigative detention, and because defendant has not demonstrated that it was objectively reasonable for him to believe that his conduct did not violate these rights, he is not entitled to the protection of qualified immunity.

Appellate Information

• Decided 12/21/2007
• Published 12/21/2007

Judges

• WILLIAM K. SESSIONS III, District Judge:, Before:  CALABRESI and WESLEY, Circuit Judges, and SESSIONS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Russell A. Schindler, Kingston, New York, for Plaintiff-Appellant.


• For Appellees:
  
• Charlene M. Indelicato, Westchester County Attorney, for Stacey Dolgin-Kmetz, Chief Deputy County Attorney (Mary Lynn Nicolas, of counsel), White Plains, New York, for Defendant-Appellee.