Dioguardi v. City of New Rochelle

The plaintiff was arrested at his former marital residence after he allegedly violated the terms of an order of protection obtained by his wife. He was held in jail for about three hours before he was released on a desk appearance ticket. The charges against him under Family Court Act article 8 were subsequently dismissed in Family Court. The plaintiff commenced this action against the City of New Rochelle and its police department on the ground that his arrest and imprisonment were unlawful.

We find that the defendants’ motion for summary judgment was properly granted. In an action to recover…