Berger v. Schmitt

SUMMARY ORDER

Plaintiff-appellant Michael Berger (“Berger”) appeals from the judgment of the United States District Court for the Western District of New York (Elfvin, J.) granting summary judgment in favor of defendants on plaintiffs federal claims arising out of his arrest in the parking lot of a local supermarket. On appeal, plaintiff contends that the district court erred, and improperly construed facts in favor of defendants, in finding that the defendant police officers had probable cause for his arrest and subsequent prosecution for third-degree trespass and obstructing governmental…