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WDNY — False Arrest: Holloway v. Joseph
By: Daily Record Staff//August 8, 2013
U.S. District Court, WDNY
False Arrest
Probable Cause
Holloway v. Joseph
10-cv-6470P
Judge Payson
Background: The pro-se plaintiff commenced an action against a Rochester police officer alleging malicious prosecution, false arrest, and false imprisonment arising from her arrest for second-degree harassment. A bench trial was conducted.
Ruling: The District Court found in favor of the defendant. The court found that the defendant had probable cause to arrest the plaintiff. The defendant received two reports from the alleged victim, who also testified. These reports included continued harassment, as well as a bottle was thrown at the victim. The victim was able to identify the plaintiff. Further, once probable cause to arrest was established, the defendant was not required to undertake any more expansive investigation.
Mary Holloway, pro se; Igor Shukoff of the City of Rochester Law Department for the defendant
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