United States Second Circuit

District court judgment denying qualified immunity in a 42 U.S.C. sec. 1983 false arrest action is vacated and remanded where defendant had probable cause to arrest plaintiff as it was reasonable for him to believe that a crime had been or was about to be committed.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• WINTER, Circuit Judge:, Before:  WINTER, KATZMANN, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John D. Aspland, Jr. (William A. Scott, of counsel), FitzGerald Morris Baker Firth P.C., Glens Falls, NY, for Appellant.


• For Appellees:
  
• Dennis B. Schlenker, Law Office of Dennis B. Schlenker, Albany, NY, for Appellee.