Walston v. City of N.Y.
289 F. Supp. 3d 398
E.D.N.Y2018Background
- Plaintiffs (Walston, Valentine, and two minor children) sued NYC, the NYPD, and several officers under 42 U.S.C. § 1983 for false arrest and malicious prosecution arising from five 2013 incidents (April 10; May 25; July 9; two arrests Dec. 28).
- April 10: Victim V.N. reported an assault/rape and dog attack, bore physical injuries, and later identified Walston by photo; Det. Patton arrested him; charges dropped on speedy‑trial grounds when the victim did not cooperate.
- May 25: Tip and officer sighting led officers to 1029 Belmont basement where a revolver wrapped in a sock was recovered; Walston arrested for weapon possession; charge dismissed by DA.
- July 9: ESU searched 1029 Belmont (owner gave written consent); officers found Plaintiffs living there; owner told police no one was supposed to reside there; Plaintiffs arrested for trespass; they later produced a lease and charges were dismissed months later.
- Dec. 28 (first): Radio dispatch and on‑scene witness S.H. reported Walston assaulted/strangled Valentine; Officer Miles arrested Walston; complaint mislabeled the complaining witness; charges later dismissed.
- Dec. 28 (second): An earlier complaint (Dec. 13) alleged Walston threatened a bodega owner with a firearm; owner identified Walston and confirmed identification from a photo shown by Officer Gessner; Walston arrested; DA later dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for April 10 assault arrest | Walston: ID was from a single photo; victim did not sign a deposition so reliability doubtful | Defs: Victim made contemporaneous report, suffered corroborating injuries, and identified Walston (known by nickname); officers reasonably relied on that information | Court: Probable cause existed; single‑photo ID was not unduly suggestive or was independently reliable; false arrest/malicious prosecution claims dismissed |
| Probable cause for May 25 gun possession arrest | Walston: Search/seizure of basement and gun unlawful, so evidence cannot support arrest | Defs: Basement was a common area (no Fourth Amendment standing); officers relied on tip, sighting, and recovered gun | Court: Walston lacked standing to challenge basement search; probable cause existed; claims dismissed |
| Probable cause for July 9 trespass arrests (and children’s confinement) | Plaintiffs: Officer failed to verify lease; arresting for trespass while responding to different call; children were detained in cell | Defs: Owner told police no one should live there and confirmed that on call; officers could rely on owner; children lacked consciousness of confinement/claimant cannot tie officer to their brief detention | Court: Probable cause existed based on owner’s statements; false arrest and malicious prosecution claims and claims regarding child confinement fail |
| Probable cause for Dec. 28 arrests (assault and menacing) | Walston: IDs based on single photos; officers failed to review surveillance video; Miles misidentified complaining witness in complaint | Defs: Victims/witnesses knew Walston and identified him independently; officers not required to review video; mislabeling was an inadvertent error without malice | Court: Probable cause or arguable probable cause existed for both arrests; mislabeling was not evidence of malice; claims dismissed |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment genuine issue standard)
- Weyant v. Okst, 101 F.3d 845 (2d Cir. 1996) (false arrest § 1983 parallels NY law)
- Savino v. City of New York, 331 F.3d 63 (2d Cir. 2003) (elements of false arrest and probable cause defense)
- Singer v. Fulton County Sheriff, 63 F.3d 110 (2d Cir. 1995) (malicious prosecution Fourth Amendment liberty requirement)
- Devenpeck v. Alford, 543 U.S. 146 (probable cause assessed from officer's knowledge at arrest)
- Kinzer v. Jackson, 316 F.3d 139 (2d Cir. 2003) (malicious prosecution elements)
- Rakas v. Illinois, 439 U.S. 128 (standing to challenge searches)
- Monell v. Dept. of Social Servs., 436 U.S. 658 (municipal liability requires policy/custom)
- Zellner v. Summerlin, 494 F.3d 344 (2d Cir. 2007) (probable cause may be based on information shared among officers)