Tuesday, September 8, 2015

An allegation of false arrest or imprisonment, and the defense of probable cause.

Practice point:  Where the arrest is made without a warrant, the existence of probable cause serves as a legal justification for the arrest and an affirmative defense to the claim.  Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed.

Student note:  To prevail on a cause of action alleging false arrest or false imprisonment, a plaintiff must prove (1) intentional confinement by the defendant, (2) of which the plaintiff was aware, (3) to which the plaintiff did not consent, and (4) which was not otherwise privileged.

Case:  Nolasco v. City of New York, NY Slip Op 06663 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Go-karts and assumption of the risk.