981 F. Supp. 2d 266
S.D.N.Y.2013Background
- On Aug. 13, 2008, a bench warrant issued after Arnold failed to appear on a prior robbery charge; officers later claimed to observe him commit trespass and possession at 80 School Street and procured misdemeanor arrest paperwork on Sept. 12, 2008.
- Arnold surrendered to clear the outstanding robbery bench warrant the same day, was booked on both the felony robbery and the two misdemeanor charges, and was detained in Yonkers City Jail.
- Bail/remand proceedings followed: remand continued on the robbery charge; misdemeanor bail was later set at $1,500; felony bail was later set at $25,000; the misdemeanors were dismissed May 18, 2009; Arnold pled guilty to the robbery on Oct. 13, 2009.
- Arnold sued under 42 U.S.C. § 1983 for false arrest and malicious prosecution based on allegedly false evidence used to obtain the misdemeanor charges.
- In Arnold I the court granted summary judgment for defendants, concluding Arnold could not show the misdemeanor arrests caused a deprivation of liberty because he was in custody on the robbery charge for the same period.
- Arnold moved for reconsideration, arguing the court applied the wrong proximate-cause standard and incorrectly treated him as already deprived of liberty by the robbery charge when the misdemeanors were filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants' alleged use of false evidence proximately caused Arnold's incarceration | False evidence used to obtain misdemeanor warrant foreseeably contributed to judge/third‑party decisions that deprived liberty; creates triable issue | No evidence the misdemeanor charges actually caused remand on the robbery; Arnold was already detained on the robbery charge | Court: Plaintiff failed to show "but for" causation or chain connecting misdemeanors to remand; summary judgment affirmed |
| Whether Arnold was already deprived of liberty on the robbery charge when held on misdemeanors | Arrest/detention by Yonkers PD did not constitute deprivation until securing order; Zahrey controls | Arrest/detention before court appearance is a deprivation of liberty; Zahrey does not hold otherwise | Court: Detention at police jail is a deprivation of liberty; Zahrey does not support Arnold's contrary claim |
Key Cases Cited
- Martinez v. California, 444 U.S. 277 (U.S. 1980) (§ 1983 requires defendant misconduct be proximate cause of injury)
- Townes v. City of New York, 176 F.3d 138 (2d Cir. 1999) (proximate-cause principles in § 1983 claims)
- Gierlinger v. Gleason, 160 F.3d 858 (2d Cir. 1998) (causation requirement for constitutional torts)
- Zahrey v. Coffey, 221 F.3d 342 (2d Cir. 2000) (liability where reasonably foreseeable intervening forces continue causal chain)
- Higazy v. Templeton, 505 F.3d 161 (2d Cir. 2007) (coerced/false evidence foreseeably used at bail hearing can sustain § 1983 causation)
- Deskovic v. City of Peekskill, 673 F. Supp. 2d 154 (S.D.N.Y. 2009) (discussing causation and liberty deprivation in § 1983 claims)
- Bertuglia v. City of New York, 839 F. Supp. 2d 703 (S.D.N.Y. 2012) (false statements to prosecutor/DA resulting in arrest may sustain causation)