Second Circuit — False Arrest: Gonzalez v. City of Schenectady

U.S. Court of Appeals for the Second Circuit

False Arrest

Qualified Immunity — Applicable Law at the Time of the Arrest

Gonzalez v. City of Schenectady
11-5403-cv
Judges Jacobs, Pooler and Chin

Background: The plaintiff appealed from a judgment that dismissed his complaint alleging false arrest and unlawful search on the grounds of qualified immunity. The plaintiff had been charged and sentenced for possession of a controlled substance. However, the Supreme Court, Third Department reversed on the ground that the visual body cavity search was unlawful based on a New York State Court of Appeals case that was decided after the search took place.

Ruling: The Second Circuit affirmed. The court held that it there was arguable probable cause to arrest the plaintiff and the law relevant to the body cavity search at issue had not been established at that time.

James Brian LeBow of LeBow and Associates for the appellant; Michael Joseph Murphy of Carter, Conboy, Case, Blackmore, Maloney, & Laird for the appellees