John Betts v. Martha Anne Shearman
Court of Appeals for the Second Circuit
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge:
In this appeal we consider whether the United States District Court for the Southern District of New York (J. Paul Oetken, District Judge) erred in granting defendants’ motions to dismiss the complaint in this 42 U.S.C. § 1983 action in which the plaintiff seeks damages arising from his arrest based on allegedly false accusations made by a complaining victim.
We hold, first, that because arguable probable cause existed to arrest Betts, his claims for false arrest, false imprisonment, abuse of process, and malicious prosecution were properly dismissed. Second,…
2Cases cited21 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Daniel J. Ciambriello v. County of Nassau, Civil Service Employees Association, Inc., Russell Rinchiuso, Richard Cotugno and Ron RoeillCourt of Appeals for the Second Circuit · 2002
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3Cited by313 opinions
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- Vaughn v. Phoenix House New YorkCourt of Appeals for the Second Circuit · 2020
- McLennon v. City of New YorkDistrict Court, E.D. New York · 2016
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