Legal Opinion
Maria De Lourdes Torres v. Police Officer Jones
New York Court of Appeals
Decided February 23, 2016No. 21PublishedCited by 197 opinions
1Opinion of the Court
OPINION OF THE COURT
Abdus-Salaam, J.
In a false arrest action under federal and state law, evidence that the defendant police officers arrested the plaintiff without probable cause, after inventing a patently false confession, may establish the officers’ liability for detaining the plaintiff without any lawful privilege. Evidence that the officers forwarded the false confession to prosecutors can satisfy the commencement element of a malicious prosecution cause of ac tion, and the proof of the absence of probable cause for the prosecution and the police’s transmission of the fabricated…
2Cases cited55 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Albright v. OliverSupreme Court of the United States · 1994
- Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
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3Cited by197 opinions
- Restivo v. HessemannCourt of Appeals for the Second Circuit · 2017
- Hernandez v. United StatesCourt of Appeals for the Second Circuit · 2019
- Watson v. United StatesCourt of Appeals for the Second Circuit · 2017
- Guan v. City of New YorkCourt of Appeals for the Second Circuit · 2022
- HSBC Bank USA, National Ass'n v. GrellaAppellate Division of the Supreme Court of the State of New York · 2016
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