Monday, March 31, 2014

A cause of action for false arrest or imprisonment.

Practice point:  A plaintiff must prove that: (1) the defendant intended to confine the plaintiff; (2) the plaintiff was aware of the resulting confinement; (3) the plaintiff did not consent to the confinement; and (4) the confinement was not otherwise privileged".

Student note:  Probable cause serves as a legal justification for the arrest, and is an affirmative defense to the claim.

Case:  Fakoya v. City of New York, NY Slip Op01709 (2d Dept. 2014).

Here is the decision.

Tomorrow's issue:  Vacating a default.