673 F. App'x 44
2d Cir.2016Background
- On January 3, 2014, Helmut Jurkowitsch entered a Capital One branch, whose doors were unlocked, lights on, customers and employees present, and sat in the lobby to await help depositing a paycheck.
- A Capital One employee called 911 a few minutes after Jurkowitsch sat down; six NYPD officers arrived and arrested Jurkowitsch without questioning him or asking him to leave.
- Jurkowitsch was charged with Criminal Trespass in the Third Degree; the charge was later dismissed.
- Jurkowitsch sued under 42 U.S.C. § 1983 alleging false arrest in violation of the Fourth Amendment; Officer Mohammed Choudhury moved to dismiss on grounds including qualified immunity and lack of probable cause.
- The district court denied the motion to dismiss; Choudhury appealed the denial on qualified immunity and probable-cause grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint shows (or permits a finding of) probable cause for arrest | Jurkowitsch: facts show no probable cause; bank was open and he was a customer waiting to deposit | Choudhury: arrest was based on Capital One’s 911 report, which provided probable cause | The complaint does not establish probable cause on its face; inferences favor plaintiff, so dismissal denied |
| Whether Officer is entitled to qualified immunity (arguable probable cause) | Jurkowitsch: officer not entitled because facts do not support even arguable probable cause | Choudhury: officers reasonably could have believed probable cause existed based on the 911 report | At pleading stage, arguable probable cause is not apparent; qualified immunity not shown, dismissal denied |
| Appealability of denial of qualified immunity on Rule 12(b)(6) motion | Jurkowitsch: not contested | Choudhury: appealed denial as final reviewable order | Court has jurisdiction to review the denial because it turns on an issue of law; review de novo |
Key Cases Cited
- Betts v. Shearman, 751 F.3d 78 (2d Cir. 2014) (pleading-stage allegations accepted as true on Rule 12(b)(6))
- Stansbury v. Wertman, 721 F.3d 84 (2d Cir. 2013) (definition of probable cause for arrest)
- Jaegly v. Couch, 439 F.3d 149 (2d Cir. 2006) (probable cause standard quotation)
- Finigan v. Marshall, 574 F.3d 57 (2d Cir. 2009) (focus on facts available at time of arrest)
- Panetta v. Crowley, 460 F.3d 388 (2d Cir. 2006) (reports from private parties usually supply probable cause absent reasons to doubt veracity)
- Garcia v. Does, 779 F.3d 84 (2d Cir. 2014) (denial of qualified immunity motion is appealable when it turns on an issue of law)
- Zaleski v. City of Hartford, 723 F.3d 382 (2d Cir. 2013) (definition of arguable probable cause)