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Home / Case Digests / Second Circuit — Fourth Amendment: McColley v. County of Rensselaer

Second Circuit — Fourth Amendment: McColley v. County of Rensselaer

U.S. Court of Appeals for the Second Circuit

Fourth Amendment

Probable Cause — False Statement

McColley v. County of Rensselaer
12-2220-cv
Judges Calabresi, Pooler and Raggi

Background: The defendants appealed from a judgment denying summary judgment on their claim of qualified immunity. The suit stems from the execution of a search warrant of the plaintiff’s residence on the suspicion that the home was a stash house.

Ruling: The Second Circuit affirmed. The court found that there was a dispute over whether the officer submitting the probable cause affidavit knowingly and intentionally made a false statement in his affidavit.

Crystal R. Peck of Baily, Kelleher & Johnson for the appellants; Gennaro Dominick Calabrese of Kindlon Shanks & Associates