Basinski v. City of New York, 706 F. App'x 693

On Sept. 19, 2013, Sean Basinski (director of Street Vendor Project) stopped to speak with a hot‑dog vendor outside the Midtown North NYPD precinct, photographed the cart, and began filming when Officer Robert Browne approached.
Browne repeatedly told Basinski to move away from the cart and asked for ID; Basinski declined and remained in the area, at times stepping forward and interjecting while Browne spoke to others and Lieutenant John Cocchi.
Cocchi ordered Basinski to turn around; unidentified officers then arrested him. Basinski was charged with obstruction of governmental administration (N.Y. Penal Law § 195.05) and disorderly conduct; charges were resolved by an adjournment in contemplation of dismissal.
Basinski sued Browne, Cocchi, and the City under 42 U.S.C. § 1983 for false arrest/imprisonment (Fourth Amendment), retaliation/interference with protected activity (First Amendment), and malicious abuse of process; he later withdrew the Monell claim and did not press malicious prosecution.
The district court granted summary judgment to defendants on qualified immunity grounds, finding arguable probable cause for obstruction; Basinski appealed only the Fourth Amendment false arrest/imprisonment dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had arguable probable cause to arrest Basinski for obstructing governmental administration (N.Y. Penal Law § 195.05)	Basinski argued his conduct was lawful, largely verbal/filming activity protected by the First Amendment and not the required “physical” interference for § 195.05	Defendants argued Basinski’s refusal to comply, remaining in a confined police activity area, stepping forward and interjecting constituted physical interference sufficient for arrest	Court held there was arguable probable cause: Basinski’s words+conduct could be viewed as physical interference under § 195.05, so officers entitled to qualified immunity on false arrest/imprisonment claims

Mitchell v. City of New York, 841 F.3d 72 (2d Cir.) (standard of review for summary judgment on qualified immunity)
Mullenix v. Luna, 136 S. Ct. 305 (Sup. Ct.) (qualified immunity protects all but plainly incompetent or knowing violators)
Figueroa v. Mazza, 825 F.3d 89 (2d Cir.) (arguable probable cause standard for qualified immunity in false arrest cases)
Weyant v. Okst, 101 F.3d 845 (2d Cir.) (definition of probable cause to arrest)
Kass v. City of New York, 864 F.3d 200 (2d Cir.) (upholding obstruction arrest where passer‑by resisted commands to move and interfered)
Lennon v. Miller, 66 F.3d 416 (2d Cir.) (elements of obstruction of governmental administration)
Davan L. v. New York, 91 N.Y.2d 88 (N.Y.) (holding minimal, non‑contact disruptive conduct plus words can constitute physical interference under § 195.05)
Malley v. Briggs, 475 U.S. 335 (Sup. Ct.) (scope of qualified immunity protection)