Second Circuit — False Arrest: Betts v. Shearman, et al.

U.S. Court of Appeals for the Second Circuit 

False Arrest

Probable Cause — Complainant — False Accusations

Betts v. Shearman, et al.
13-619-cv
Judges Winter, Walker and Wesley

Background: The plaintiff commenced a section 1983 action alleging that his arrest was based on false accusations made by a complaining victim. He appeals from the dismissal of his complaint.

Ruling: The Second Circuit affirmed. The court held that probable cause existed to arrest him and therefore, his false arrest, false imprisonment, abuse of process and malicious prosecution claims were properly dismissed. In addition, he failed to meet the proper pleading standards with respect to his denial of a fair trial claim. Finally, his claims against the complainant were properly dismissed as she did not act under the color of state law.

Michael H. Joseph for the plaintiff-appellant; Michael J. Pastor, corporation counsel, for the defendants-appellees police officers; Charles E. Dorkey III of McKenna Long & Aldridge for the defendant-appellee