Shaw v. City of New York
139 A.D.3d 698
| N.Y. App. Div. | 2016Background
- Plaintiff Bruce Shaw sued the City of New York and others claiming damages for false arrest, malicious prosecution, and § 1983 civil-rights violations arising from an October 2011 arrest and subsequent prosecution.
- The City moved for summary judgment dismissing the claims against it.
- The Supreme Court, Queens County granted the City's motion as to Shaw's false arrest, malicious prosecution, and § 1983 claims against the City.
- Shaw appealed only the portions dismissing those causes of action against the City.
- The trial record showed facts the court found gave rise to probable cause that Shaw intentionally aided a gunpoint robbery and knowingly possessed stolen property.
- Shaw attempted to raise municipal-policy arguments in opposition to the City's motion; the court treated those theories as untimely and/or unpreserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arrest and prosecution were supported by probable cause (false arrest/imprisonment) | Shaw disputed the facts and contended arrest was unlawful | City argued undisputed facts established probable cause for aiding a robbery and possessing stolen property | Court held probable cause existed; false arrest claim dismissed |
| Whether malicious prosecution claim lacked probable cause and required malice | Shaw argued prosecution lacked probable cause and was malicious | City argued existence of probable cause defeats malicious prosecution claim | Court held probable cause defeated malicious prosecution claim |
| Municipal liability under § 1983 (Monell) | Shaw asserted City policies/customs caused constitutional violations | City argued plaintiff failed to allege or prove any municipal policy, custom, or widespread practice causing the violation | Court held Shaw failed to show an official policy or custom; § 1983 claim dismissed against City |
| Timeliness/preservation of municipal-policy arguments | Shaw raised policy-based theories in opposition to summary judgment | City contended those arguments were raised too late and were unpreserved | Court treated the municipal-policy arguments as improperly raised and therefore insufficient to defeat summary judgment |
Key Cases Cited
- Torres v. Jones, 26 N.Y.3d 742 (N.Y. 2015) (standards for false arrest, malicious prosecution, and municipal liability under § 1983)
- Broughton v. State of New York, 37 N.Y.2d 451 (N.Y. 1975) (elements of false arrest and malicious prosecution torts)
- People v. Bigelow, 66 N.Y.2d 417 (N.Y. 1985) (probable cause judged under totality of circumstances)
- Combs v. City of New York, 130 A.D.3d 862 (N.Y. App. Div. 2015) (municipal liability requires policy, custom, or practice)
- People v. Haynes, 16 A.D.3d 434 (N.Y. App. Div. 2005) (aiding and possession theories supporting probable cause)