Weilburg v. Koss, 24-2234-cv

Plaintiff Daro C. Weilburg was arrested for misdemeanor criminal trespass after entering the residence of Richard Castellane, for whom he had previously served as caretaker.
Weilburg lived in the downstairs apartment of Castellane's building and claimed ongoing permission to serve as caretaker and access the property.
On March 12, 2022, while Castellane was hospitalized, security footage captured Weilburg entering Castellane’s residence multiple times.
New York State Trooper Ethan C. Koss investigated a report of possible burglary, interviewed witnesses (including the plaintiff and Castellane), reviewed security footage, and subsequently arrested Weilburg.
Weilburg sued Koss for false arrest under 42 U.S.C. § 1983; the District Court granted summary judgment for Koss, finding probable cause existed.
The present appeal focuses solely on the dismissal of Weilburg’s false arrest claim against Koss.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause for arrest	Koss lacked probable cause to arrest him for criminal trespass.	Koss had probable cause based on evidence and statements, including Castellane’s sworn statement.	Sufficient probable cause existed for Weilburg's arrest.
Reliance on victim's statement	Castellane’s statement was unreliable due to mental infirmity and coercion by Koss.	Trooper Koss was entitled to rely on Castellane's sworn statement absent evidence of unreliability.	No admissible evidence showed Castellane’s unreliability or coercion; reliance was proper.
Plaintiff’s subjective belief of permission	Weilburg believed he had permission to enter as caretaker.	Officer was not obligated to eliminate all possible claims of innocence before arresting.	Weilburg’s belief irrelevant to probable cause determination.
Duty to further investigate	Koss failed to diligently investigate Weilburg’s claim of permission.	Koss interviewed all relevant parties and reviewed footage, satisfying investigatory duty.	No further diligence required; decision affirmed.

Jaegly v. Couch, 439 F.3d 149 (2d Cir. 2006) (probable cause is an absolute defense to false arrest under New York law)
Finigan v. Marshall, 574 F.3d 57 (2d Cir. 2009) (defines elements for criminal trespass under New York law)
Panetta v. Crowley, 460 F.3d 388 (2d Cir. 2006) (probable cause determined by facts and circumstances known to the officer at the time of arrest)
Martinez v. Simonetti, 202 F.3d 625 (2d Cir. 2000) (officers may rely on victim's allegations unless there is evidence of unreliability)