Bobolakis v. DiPietrantonio
523 F. App'x 85
2d Cir.2013Background
- Bobolakis was arrested on October 6, 2009 for driving while his ability to drive was impaired by drugs under N.Y. Veh. & Traf. Law §1192(4) after 911 reports of erratic driving.
- Two 911 calls described him weaving between lanes; the second call followed him to the Yorktown Police Department parking lot where officers stopped him.
- Officer DiPietrantonio observed slurred speech, directed field sobriety tests, and noted eye nystagmus, inability to recite the alphabet, and glassy eyes.
- Breathalyzer showed no alcohol; officers nonetheless concluded impairment by drugs based on the observed signs and 911 reports.
- The district court granted summary judgment to the defendants; Bobolakis appeals; the court reviews de novo and affirms.
- The Monell claim against Town of Yorktown was dismissed due to lack of underlying constitutional violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to arrest for driving while impaired by drugs | Bobolakis argues no probable cause due to lack of DRE/lab evidence | DiPietrantonio/Zaicek contend there was probable cause from 911 reports and observed signs | Probable cause existed; false arrest claim fails |
| Whether Monell liability attaches to Town of Yorktown | Yorktown liable under Monell for officers' actions | No underlying Fourth Amendment violation; Monell not established | Monell claim dismissed; no liability for Yorktown |
Key Cases Cited
- Weyant v. Okst, 101 F.3d 845 (2d Cir. 1996) (probable cause is a complete defense to false arrest; arrest need not prove certainty of conviction)
- Jaegly v. Couch, 439 F.3d 149 (2d Cir. 2006) (focus on arrest validity, not each charged count, for false arrest)
- Curley v. Village of Suffern, 268 F.3d 65 (2d Cir. 2001) (arresting officer need not believe arrestee will be prosecuted with certainty)
- Hill v. City of New York, 146 A.D.2d 823 (3d Dep't 1989) (arrest legality not contingent on charge subdivision specificity)
- People v. Hilker, 133 A.D.2d 986 (3d Dep't 1987) (arrest legality based on reasonable cause to believe 1192 was violated)
- Lore v. City of Syracuse, 670 F.3d 127 (2d Cir. 2012) (immunity analysis; qualified immunity does not transfer to municipality)