United States Second Circuit

In a 42 U.S.C. section 1983 action claiming a false arrest, a denial of summary judgment based on qualified immunity is reversed where the district court erred in deciding that, despite the fact that a state loitering statute was still widely published as though it remained valid, it would have been clear to a reasonable officer in defendant's position that making the arrest was unlawful.

Appellate Information

• Argued 07/16/2009
• Decided 06/22/2010
• Published 06/22/2010

Judges

• SACK, Circuit Judge:, Before SACK and B.D. PARKER, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jonathan M. Bernstein, Goldberg Segalla LLP, Albany, NY, for Defendant-Appellant., Edward E. Kopko, Wiggins & Kopko, LLP, Ithaca, NY, (Guttman & Wallace Law Firm, Ithaca, NY, on the brief), for Plaintiff-Appellee.