476 F. App'x 877
2d Cir.2012Background
- Kalfus, a freelance photographer for the New York Post, was assigned to photograph Joe Torre at NYP Hospital in May 2007.
- He waited for about five hours on a hospital ledge where the public used the steps for access as well as for recreation.
- After a prior reporter’s unauthorized entry attempt was reported, hospital special patrolmen identified Kalfus as media and ordered him to leave private property.
- Kalfus refused to depart, repeating objections and threats of legal action, and the patrolmen then sought to arrest him for trespass.
- Kalfus was handcuffed after being pushed to the ground and moved to the hospital’s security office, and was ultimately turned over to the NYPD.
- The district court granted summary judgment for the defendants on all claims, which the Second Circuit affirms on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported the arrest for trespass | Kalfus argues no lawful basis to arrest for trespass on private hospital property. | Hospital policy restricting media access to private property provided probable cause for trespass. | Probable cause supported the arrest; false arrest claim dismissed. |
| Whether the malicious prosecution claim survives | Rodriguez acted with actual malice and lacked probable cause. | Probable cause existed; no evidence of malice; complaint approved by ADA. | Malicious prosecution claim dismissed. |
| Whether the force used to effect the arrest was excessive under the Fourth Amendment | The patrolmen used excessive force during arrest. | Video and audio show reasonable force in light of resistance. | Force was not excessive; claim dismissed. |
Key Cases Cited
- Jenkins v. City of New York, 478 F.3d 76 (2d Cir. 2007) (probable cause as complete defense to false arrest)
- Hudgens v. NLRB, 424 U.S. 507 (U.S. 1976) (private property rights; First Amendment limits on state action)
- Lloyd Corp. v. Tanner, 407 U.S. 551 (U.S. 1972) (private property may restrict public access without transforming into state action)
- Hotel Emps. & Rest. Emps. Union v. City of N.Y. Dep’t of Parks & Rec, 311 F.3d 534 (2d Cir. 2002) (private property rights on public access contexts)
- Manganiello v. City of New York, 612 F.3d 149 (2d Cir. 2010) (probable cause defeats malicious prosecution claim)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness standard for police use of force)
- Tracy v. Freshwater, 623 F.3d 90 (2d Cir. 2010) (reasonableness of force and context on summary judgment)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (courts may rely on video/audio evidence on summary judgment)
- Zellner v. Summerlin, 494 F.3d 344 (2d Cir. 2007) (video credibility and reasonableness of force on summary judgment)