Fish v. Brophy

KNOX, District Judge.

This is a motion to strike out affirmative defenses for failure to state facts constituting a defense to this action.

The gist of the action is that defendant stopped plaintiff’s pleasure boat in New York Bay, boarding and searching it without a search warrant, and in the absence of probable cause to believe that the boat was being used in violation of the law. The complaint sets forth causes of action for false imprisonment, assault, and unlawful search. Defendant admits he stopped, boarded, and searched the boat, but seeks to justify his action on the ground that he was…