The officers who executed the warrant did so with the understanding that a valid search warrant had been issued. On December 11, 1996, Debra McCann and two of her children-Jillian, then 16, and Jonathan, then 12-were shopping at the Wal-Mart store in Bangor, Maine. Here, having dismissed all of plaintiff's federal claims, dismissal of any claim pursuant to 42 USC § 1988 is warranted for this reason alone. As the United States Supreme Court held, detention incident to a validly issued search warrant is warranted and "officers executing a search warrant for contraband have the authority to detain the occupants of the premises while a proper search is conducted" (Muehler v Mena, 544 US 93, 98 ). Whenever an arrest and imprisonment arise without a warrant, however, the presumption is that such arrest and imprisonment were unlawful (Smith v County of Nassau, 34 NY2d 18, 23 ). Anthony Morgan, who was released by the police without being charged, filed a claim in the San Fernando High Court through his attorney Kevin Ratiram, for wrongful arrest and false imprisonment. Here, while the complaint pleads all the requisite elements of a negligent training and supervision claim, the City, by counsel, concedes "that the involved police officers were acting within the scope their employment when they arrested plaintiff." A plaintiff seeking to establish a cause of action for false arrest and/or imprisonment must establish that (1) the defendant intended to confine him; (2) the plaintiff was conscious of the confinement; (3) the plaintiff did not consent to the confinement; and (4) the confinement was not otherwise privileged (id. The elements for a malicious prosecution cause of action based upon a prior civil action are identical except, that in addition to the foregoing, it must be proven that plaintiff sustained special damage or injury (The Purdue Frederick Company v Steadfast Insurance Company, 40 AD3d 285, 286 [1st Dept 2007]; Wilhelmina Models, Inc. v Fleischer, 19 AD3d 267, 269 [1st Dept 2005]; Honzawa v Honzawa, 268 AD2d 327, 329 [1st Dept 2000]. City to pay over $55,000 to settle false imprisonment case. at 22; Hernandez v City of New York, 100 AD3d 433, 433 [1st Dept 2012]; Martinez v City of Schenectady, 97 NY2d 78, 85 ; Broughton v State, 37 NY2d 451, 457 ; Rivera v County of Nassau, 83 AD3d 1032, 1033 [2d Dept 2011]). The instant action is for false arrest, false imprisonment, malicious prosecution, [*2]negligence in the hiring, training, and retention of police officers, negligence, intentional and negligent infliction of emotional distress, and violations of 42 USC § 1981, § 1983, § 1985, and § 1988. Plaintiff's cause of action pursuant to 42 USC 1988 is hereby dismissed insofar as it is premised on the already dismissed federal claims. Here, plaintiff premises her cause of action for intentional and negligent infliction of emotional distress on being falsely arrested, falsely imprisoned, and maliciously prosecuted. Generally, special damages mean that the prior action interfered with a plaintiff's person or property (Williams v Williams, 23 NY2d 592, 604 ; The Purdue Frederick Company at 286; Wilhelmina Models, Inc. at 269; Honzawa at 329) or proof of "concrete harm that is considerably more cumbersome than the physical, psychological or financial demands of defending a lawsuit" (Engel v CBS, Inc., 93 NY2d 195, 205 ). The tenth cause of action alleges that plaintiff's arrest was solely precipitated by race and that as such, the City violated 42 USC § 1981. It is well settled that "public policy bars claims alleging intentional infliction of emotional distress against governmental entities." He was informed that all three worked therein but no one took ownership of the marijuana. The City submits David Roberts' (Roberts) deposition transcript wherein he testified, in pertinent, part as follows: In February 2012, he was a detective assigned to the New York City Police Department's Bronx Narcotics Unit. ]; Nasca v Sgro, 101 AD3d 963, 963-965 [2d Dept 2012] [same]). ... will be awarded $57,500 to settle his false arrest and imprisonment lawsuit against the city. 2. It is well settled that a claim for negligent hiring, retention, and training will be dismissed when an employer concedes that the acts alleged to have been perpetrated by the employee were within the scope of that employee's employment (Karoon v New York City Tr. False imprisonment is the restraining of a person against his will without transporting him to another location. The seventh cause of action alleges that in arresting and detaining plaintiff, the City violated 42 USC § 1983, in that such conduct violated the Fourth and Fourteenth Amendments to the United States Constitution. For example, if a person wrongfully prevents another from leaving a room or vehicle when that person wants to leave, it amounts to false imprisonment. "]; Dillon v City of New York, 261 AD2d 34, 41 [1st Dept 1999]). in false imprisonment cannot lie where there is an intervening judicial act which sets the arrest and charge in motion. Specifically, the City avers that it is entitled to summary judgment with respect to (1) plaintiff's causes of action for false arrest and false imprisonment inasmuch as there was ample probable cause to arrest her; and (2) plaintiff's cause of action for malicious prosecution insofar as she received an Adjournment in Contemplation of Dismissal (ACD) for the charges lodged upon the instant arrest, there was no determination on the merits. In 2002, Elizabeth Smart disappeared from her family home. Richard Sakharoff, a 49-year-old insurance agent, was asleep on his couch on June 17, 2001 when Boca Raton, Florida police officers knocked on his door and ordered him out. False Imprisonment Charges. Such detentions are appropriate, the court held, Thus, with respect to search warrants, it is well settled that. Since a person is guilty of Criminal Possession of Marihuana in the Fourth Degree (PL § 221.15) when. On behalf of Sivin, Miller & Roche LLP | Thursday Jul 27, 2017 | False Arrest Or False Imprisonment. Los Angeles will pay $5.2 million to end a legal battle with a man whose murder conviction was tossed out.. What City / County Are Charges in? The City's motion seeking dismissal of plaintiff's claim for negligence in the hiring and retention by the City of the officers alleged to have arrested her is granted insofar as here, where the City admits that its officers were, at all times acting within the scope of their employment [*15]with the City, this cause of action is barred. The officers then proceeded to handcuff and arrest Alexander. ]; US v Ortiz, 943 FSupp2d 447, 458 [SDNY 2013] ["With respect to Montañez, the government argues that because she was the registered tenant of the apartment where the gun was found, the officers had probable cause to arrest her based on a theory of constructive possession. Thus, a person has a private right of action under 42 USC § 1983 against an individual who, acting under color of law, violates federal constitutional or statutory rights (Delgado v City of New York, 86 AD3d 502, 511 [1st Dept 2011] ["A complaint alleging gratuitous or excessive use of force by a police officer states a cause of action under the statute (42 USC § 1983) against that officer. Here, by contrast, the officers discovered the gun inside the breast pocket of a man's coat located in a closed closet that Defendant had told officers housed his possessions. • African-American sexual assault exonerees received much longer prison sentences than white sexual assault exonerees, and they spent on average almost four-and-a-half years longer in prison before exoneration. The officers then searched the locker at Alexander's station recovering a similar bag, which plaintiff subsequently learned also contained marijuana. and (5) plaintiffs' cause of action for general negligence fails to state a cause of action insofar as such claim, on these facts, is not cognizable under prevailing law. However, since public policy favors bringing criminals to justice, the system must afford accusers room for benign misjudgments (Smith-Hunter v Harvey, 95 NY2d 191, 195 ). What is False Imprisonment in Florida? A federal lawsuit alleging wrongful arrest and imprisonment by the LAPD settled for $320,000 on January 16, 2007. The City submits a certificate of disposition which indicates that the charges against plaintiff were dismissed by ACD. Thus, a person is charged with constructive possession of drugs or contraband when it is shown that such person "exercised dominion or control over the property by a sufficient level of control over the area in which the contraband is found or over the person from whom the contraband is seized" (id. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. The fifth and sixth causes of action allege that based on the foregoing acts, the City intentionally and negligently inflicted emotional distress upon plaintiff. The eight cause of action alleges that in engaging in the foregoing acts, the City violated 42 USC § 1985(3) in that it conspired to violate plaintiff's rights under the United States Constitution. Legal Background. Man jailed for two years before inconsistencies were found in a search warrant. . Accordingly, plaintiff fails to state a cause of action against the City under 42 USC § 1983 (Cozzani at 1147 ["Although the complaint alleged as a legal conclusion that the defendants engaged in conduct pursuant to a policy or custom which deprived the plaintiff of certain constitutional rights, it was wholly unsupported by any allegations of fact identifying the nature of that conduct or the policy or custom which the conduct purportedly advanced. This opinion is uncorrected and will not be published in the printed Official Reports. Where the facts leading up to an arrest are undisputed, the existence of probable cause is an issue of law for the court to decide (Parkin v Cornell University, Inc., 78 NY2d 523, 529 ; Burns v Eben, 40 NY 463, 466 ; Wyllie v District Atty. The Attorney General v Kakoma (1975) ZR 273 approved. Los Angeles will pay $5.2 million to end a legal battle with a man whose murder conviction was tossed out.. "]; Scarfone v Village of Ossining, 23 AD3d 540, 541 [2d Dept 2005] ["The plaintiff's speculative and conclusory allegations that Civil Service Employees Association (hereinafter CSEA) and Michael J. Duffy acted in concert with the Village and its agents to deprive the plaintiff of her constitutional rights, and that they conspired with the Village to deprive her of her constitutional rights, without factual allegations or other support, were insufficient to state causes of action pursuant to 42 USC § 1983. Evidence of the frequency of defendant's presence in the apartment at various times of day and his appearances in a bathrobe, together with the evidence that he ate meals there and that a man's clothing was found in the bedroom, demonstrates that defendant was more than a mere occasional visitor to the apartment where his wife resided. These vague allegations certainly do not establish that defendants' conduct was "outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community" (Howell at 121). For this reason it is also true that generally the owner, lessee, or occupant of a premises is deemed to be in control of a premises and thus charged with constructive possession of any contraband or drugs found therein (People v Tirado, 47 AD2d 193, 195 [1st Dept 1975], affd 38 NY2d 955 ; People v David, 234 AD2d 787, 789 [3d Dept 1996] ["So viewed, the testimony previously outlined above was sufficient to demonstrate that defendant resided in and had control over the apartment where the contraband was found. ... will be awarded $57,500 to settle his false arrest and imprisonment lawsuit against the city. As noted above, where a search warrant has been issued after a court has had the opportunity to review the basis for its issuance, such as a personal examination of the informant providing the information, such warrant is presumed valid (Castillo at 585; Allen at 425). in false imprisonment cannot lie where there is an intervening judicial act which sets the arrest and charge in motion. a direct conflict in the evidence,18 is extended to cases where the trial court should have directed a verdict in the first instance. In opposition to such a motion a plaintiff may submit affidavits to remedy defects in the complaint (id.). When the allegations comprising the claim for intentional infliction of emotional distress fall within the ambit of another cognizable cause of action, a cause of action for intentional infliction of emotional distress will not lie (Fischer v Maloney, 43 NY2d 553, 558  ["Indeed, it may be questioned whether the doctrine of liability for intentional infliction of extreme emotional distress should be applicable where the conduct complained of falls well within the ambit of other traditional tort liability, here malicious prosecution and abuse of process. Evidence that defendant used the apartment to meet with Wilson, accompanied Wilson into every room in the apartment, and transacted an exchange of cocaine for stolen goods with Wilson at the apartment demonstrates the level of defendant's control over the apartment. at 510 ["The lower court properly determined that only those police officers or other government agents who executed the no-knock warrant are entitled to qualified immunity. of County of Kings, 2 AD3d 714, 718 [2d Dept 2003]; Brown v City of New York, 92 AD2d 15, 17 [1st Dept 1983]; Veras v Truth Verification, 83 AD2d 381, 384 [1st Dept 1982], affd 57 NY2d 947 ). "]; Landmark West! For the reasons that follow hereinafter, the City's motion is granted. Moreover, a conviction which survives appeal is also conclusive evidence that probable cause existed at the time of the arrest (id.). Instead, faced with questionable facts on the issue of probable cause, an arresting officer need only. In addition, unlike Memoli, there is no allegation here that the Apartment was regularly used for criminal activity. All reasonable inferences which can be drawn from the complaint and the allegations therein stated shall be resolved in favor of the plaintiff (Cron at 366. Location. Reading the complaint liberally, beyond the boiler plate language that unnamed officers "separately and in concert conspired for purposes of depriving . The analysis relative to constructive possession is no different with respect to a location deemed a public space, where the relevant inquiry is dominion and control over the location where contraband is found (People v Perez, 125 AD2d 236, 237—38 [1st Dept 1986] ["Where a gun is found in an area occupied by several people and where no one individual could be said to have dominion and control of the weapon, the People have a heavy burden in establishing constructive possession. Months after the incident, Mrs A sued the hospital for false imprisonment. The instant action is for false arrest, false imprisonment, malicious prosecution, [*2]negligence in the hiring, training, and retention of police officers, negligence, intentional and negligent infliction of emotional distress, and violations of 42 USC § 1981, § 1983, § 1985, and § 1988. 6. The Convicted Murderer With An Airtight Alibi. False imprisonment is the restraining of a person against his will without transporting him to another location. (internal quotation marks omitted); Afifi v City of New York, 104 AD3d 712, 713 [2d Dept 2013]; Wolkstein v Morgenstern, 275 AD2d 635, 637 [1st Dept 2000]). The warrant was obtained on February 8, 2012 upon information from a confidential informant that marijuana was purchased from within 2603. False imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. The City therefore, establishes prima facie entitlement to summary judgment and, nothing submitted by plaintiff in opposition raises a question of fact sufficient to preclude summary judgment. Whether there is probable cause to initiate a prosecution hinges on whether defendant's conduct at the time he/she commenced the prior proceeding would have led a reasonably prudent person to initiate the prior proceeding (Levy's Store, Inc. at 161; Loeb at 102; Kezer v Dwelle-Kaiser Company, 222 AD 350, 354 [4th Dept 1927]). The mental element is the equivalent as that for battery, so that false imprisonment can be committed recklessly. Plaintiff asserts 10 causes of action. Thus, a plaintiff asserting a cause of action for malicious prosecution must satisfy a heavy burden (Smith-Hunter at 195). Moreover, where, as here, plaintiff's case was dismissed by ACD, there can be no claim for malicious prosecution as a matter of law. In this lesson, we’ll define false imprisonment, introduce cases involving false imprisonment, and discuss possible charges that people might face when charged with this crime. Similarly, a cause of action for negligent infliction of emotional distress, which no longer requires physical injury as a necessary element, "generally must be premised upon the breach of a duty owed to plaintiff which either unreasonably endangers the plaintiff's physical safety, or causes the plaintiff to fear for his or her own safety" (Sheila C. v Povich, 11 AD3d 120, 130 [1st Dept 2004]; E.B. imprisonment, and malicious prosecution.14 Defendants addressed case law providing a warrant is presumptively valid unless the affiant knowingly, deliberately, or with reckless disregard for the truth, made false statements or omissions creating a falsehood, and the statements/omissions Similarly, as established by Monell v Department of Social Services of City of New York (436 US 658 ), a municipality bears liability under 42 USC § 1983 only where the action by its agent "is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers" (Monell at 690). To establish a cause of action for intentional infliction of emotional distress, it must be proven that (1) defendant committed extreme and outrageous conduct; (2) with the intent to cause, or the disregard of a substantial probability of causing, severe emotional distress; (3) that defendant's conduct caused the injury claimed; and (4) that plaintiff suffered severe emotional distress (Howell v New York Post Company, Inc., 81 NY2d 115, 121 ). "]; cf People v Headley, 143 AD2d 937, 938 [2d Dept 1988], affd 74 NY2d 858  [Court held that room presumption under PL § 220.25(2) did not apply to narcotics found in the kitchen of an apartment in which defendant was present, but in which he did not reside because "the People offered no proof that the respondents had any connection with the apartment, except their presence in the living room on the day in question, or as to how long the respondents had been in the apartment before the arrival of the police."]). 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