Malicious Prosecution: Keenan v. Town of Gates, et al.

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U.S. District Court, WDNY

Malicious Prosecution

Probable Cause

Keenan v. Town of Gates, et al.
06-cv-6045L
Judge Payson

Background: The plaintiff brought an action against the town of Gates and its police department for malicious prosecution. The plaintiff was charged with harassment after an incident where he had been accused of making a telephone call to a 14-year-old girl who had a restraining order against him. The plaintiff argued that, before the police department had filed its information, the 14-year-old girl had told the police that the plaintiff had not been the caller. Both parties moved for summary judgment.

Ruling: The District Court dismissed the complaint. The court held that the police had probable cause to believe that the plaintiff had violated the penal law by continually calling the girl’s home after being told to stop calling. Moreover, whether the plaintiff was actually the caller was not relevant, for the issue was whether the police had reason to believe he was the caller.

Darren Keenan, pro se; Patrick B. Naylon of Goldberg Segalla LLP for the defendants