Second Circuit — False Arrest — Malicious Prosecution: Ackerson v. City of White Plains, et al.

U.S. Court of Appeals for the Second Circuit

False Arrest — Malicious Prosecution

Qualified Immunity — Crucial Element of a Crime

Ackerson v. City of White Plains, et al.
11-4649-cv
Judges Wesley, Chiin and Larimer

Background: The plaintiff-appellant had been arrested for third-degree menacing after he approached a woman in her driveway, questioned her about members of her household, and insisted that her car had hit his. The plaintiff brought an action against the appellees for false arrest, malicious prosecution and various constitutional violations. The defendants were granted summary judgment on the grounds of qualified immunity.

Ruling: The Second Circuit reversed in part, affirmed in part. The court found that probable cause did not exist to arrest the plaintiff as there was no threat of imminent physical injury. The court also found that that the defendants should not have been granted qualified immunity as no police officers of reasonable competence could disagree over whether probable cause existed without the crucial element of physical menace.

David Gordon of Gordon & Harrison for the plaintiff-appellant; Frances Dapice Marinelli and Joseph A. Maria for the defendants-appellees