October 10th, 2020

DSB was successful in moving for summary judgment on behalf of an eastern Long Island Town.  Plaintiff alleged that town police falsely arrested and maliciously prosecuted her for Stalking in the Third Degree in violation of her civil rights.   Plaintiff alleged that the complaining victim lied to police, and therefore, her arrest was wrongful.  DSB successfully defeated plaintiff’s claims by affirmatively establishing that there was probable cause for her arrest and prosecution because (i) police obtained a valid arrest warrant, and further (ii) police had no reason to doubt the credibility of the complaining victim.  DSB successfully established that police acted reasonably at all times, and thus, plaintiff’s arrest was constitutionally valid.  Moreover, plaintiff’s arrest was not made pursuant to any alleged unlawful policy or practice of the Town.   As a result, plaintiff voluntarily discontinued the action with prejudice and released the town from all liability arising out of her arrest and prosecution.

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