Gerasimou v. Brenes, 1:15-cv-06892

Plaintiff Evangelos Gerasimou sued the City and two NYPD officers after a June 16, 2015 traffic stop in Queens; only two federal claims against the individual officers remained: Count Three (false arrest under 42 U.S.C. § 1983) and Count Four (failure to intervene under 42 U.S.C. §§ 1983 and 1986).
Officers observed a temporary paper Delaware plate taped inside the rear window; portions of text and characters were faded or cut off, and officers (based on training/experience) concluded the tag appeared forged.
Officers called the dealership (no answer), arrested Gerasimou for possession of a forged instrument (N.Y. Penal Law § 170.20) and operating without a license plate; charges were later dismissed. Gerasimou maintains the tag was valid and issued by the Delaware dealer.
Defendants moved for reconsideration of the denial of summary judgment, arguing they had probable cause (or at least arguable probable cause) and are entitled to qualified immunity.
The court granted reconsideration, held officers had arguable probable cause and qualified immunity as to the false-arrest claim, and dismissed the failure-to-intervene and § 1986 claims; the Clerk was directed to amend the caption and close the case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
False arrest (§ 1983)	Gerasimou: tag was valid; no probable cause because officers lacked proof of intent to forge.	Officers: appearance of cut-off/faded text justified belief the paper tag was forged; arguable probable cause and qualified immunity.	Court: officers had at least arguable probable cause based on physical characteristics and training; qualified immunity granted and false-arrest claim dismissed.
Failure to intervene (§§ 1983, 1986)	Gerasimou: observing officer should have intervened to prevent unlawful arrest.	Officers: because arrest was supported by arguable probable cause, no clearly established right was violated and no duty to intervene; § 1986 also fails without an underlying § 1985 conspiracy.	Court: dismissal granted—no duty to intervene given arguable probable cause; § 1986 claim fails absent § 1985 conspiracy.

Gonzalez v. City of Schenectady, 728 F.3d 149 (2d Cir. 2013) (qualified immunity framework for municipal officers)
Rohman v. N.Y.C. Transit Auth., 215 F.3d 208 (2d Cir. 2000) (objective reasonableness and officers of reasonable competence standard)
Malley v. Briggs, 475 U.S. 335 (U.S. 1986) (qualified immunity protects all but the plainly incompetent or those who knowingly violate the law)
Escalera v. Lunn, 361 F.3d 737 (2d Cir. 2004) (arguable probable cause entitles officers to qualified immunity)
Weyant v. Okst, 101 F.3d 845 (2d Cir. 1996) (§ 1983 false-arrest claim elements align with New York law)
Covington v. City of New York, 171 F.3d 117 (2d Cir. 1999) (probable cause is a complete defense to false-arrest)
Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment standards)
Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 123 (2d Cir. 1997) (liability for failure to intervene requires violation of clearly established rights)