32 F. Supp. 3d 499
S.D.N.Y.2014Background
- McKay, a musician, was found asleep or sitting in the unlocked vestibule of a residential building at 105 Charles Street at ~4:50 a.m.; officers responded to a 911 call and arrested him for trespass, detaining him ~3 hours and issuing a desk appearance ticket.
- Officer Perez signed an arrest report (trespass, N.Y. Penal Law §140.05) and later a criminal complaint charging criminal trespass in the second degree (§140.15), which alleged a posted "NO TRESPASSING" sign and a report from a building agent.
- The building-agent later signed a supporting deposition affirming the facts but wrote that he never spoke to an officer; the presence of a "no trespassing" sign is disputed.
- McKay made multiple court appearances; the prosecution was ultimately dismissed on speedy-trial grounds. No travel restrictions were ever imposed.
- McKay sued Perez, the City, Mayor Bloomberg, and Police Commissioner Kelly under §1983 for false arrest/false imprisonment and malicious prosecution; defendants moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest / probable cause | McKay: vestibule was open to the public; no lawful order to leave; no probable cause to arrest | Perez: facts supported a reasonable belief vestibule was not open to the public (e.g., sleeping in vestibule, officer observations, alleged sign/agent statement) | Court: granted summary judgment for Perez on qualified immunity grounds — officers had arguable probable cause |
| Malicious prosecution (probable cause & malice) | McKay: prosecution lacked probable cause and was malicious | Defs: arguable probable cause to initiate prosecution; qualified immunity shields officer regardless of alleged motive | Court: dismissed malicious prosecution claim — arguable probable cause and qualified immunity; no need to reach malice or seizure issues |
| Municipal liability (Monell) | McKay: form/"boilerplate" trespass complaints and Trespass Affidavit Program implicate Bloomberg/Kelly and the City | Defs: no evidence of a policy/custom by Bloomberg/Kelly or the City that caused the arrest/prosecution; single incident insufficient | Court: dismissed claims against Bloomberg, Kelly, and City for lack of personal involvement and no municipal policy or moving force |
| Whether officer learned post-arrest facts negating probable cause | McKay: agent’s later statement undermines complaint; possible fabricated 911 call | Defs: complaint’s additional facts (sign, agent) would support probable cause; no evidence Perez learned facts that negated arguable probable cause | Court: no indication Perez learned undermining facts; arguable probable cause remained; qualified immunity applies |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (probable cause standard for arrests)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Saucier v. Katz, 533 U.S. 194 (analysis of clearly established law in qualified immunity inquiry)
- Pearson v. Callahan, 555 U.S. 223 (permitting courts to decide qualified immunity without first deciding constitutional violation)
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires policy or custom causing constitutional violation)
- Manganiello v. City of New York, 612 F.3d 149 (elements of malicious prosecution under §1983 require state-law elements plus Fourth Amendment seizure)
- Weyant v. Okst, 101 F.3d 845 (false arrest/false imprisonment framework in §1983 cases)