Since the gravamen of any finding of constructive possession is control over the area from which contraband is seized, when the absence of control over the specific area [*5]where contraband is found is lacking, constructive possession by the owner, lessor, or occupant of a premises is negated (People v Gatreaux-Perez, 31 AD3d 1209, 1210 [4th Dept 2006] ["The mere fact that defendant lived at the residence where the drugs were found is, without more, legally insufficient to establish that she exercised the requisite dominion or control over the drugs by a sufficient level of control over the area in which the drugs were found" (internal quotation marks omitted). He removed the bottom and found several bags of marijuana. When the allegations forming the basis of a claim pursuant to 42 USC 1985(3) are vague, conclusory and fail to offer sufficient detail about the agreement between the alleged conspirators, dismissal is warranted (Nocro, Ltd. v Russell, 94 AD3d 894, 895 [2d Dept 2012] ["Finally, the Supreme Court properly concluded that the appellant failed to state a cause of action under the fourteenth cause of action alleging conspiracy, in effect, pursuant to 42 USC § 1985(3). The fifth and sixth causes of action allege that based on the foregoing acts, the City intentionally and negligently inflicted emotional distress upon plaintiff. However, when plaintiff asserts a cause of action against an individual defendant pursuant 42 USC § 1983 alleging that he was acting in his official capacity, plaintiff must then establish more than a violation of a constitutional right, he must also establish the existence of (1) an official policy or custom that (2) caused him to be subjected to (3) a denial of that constitutional right (Linen v County of Rensselaer, 274 AD2d 911, 913 [3d Dept 2000]; Howe v Village of Trumansburg, 199 AD2d 749, 751 [3d Dept 1993). The mental element is the equivalent as that for battery, so that false imprisonment can be committed recklessly. Turns out that Sakharoff, who was asleep at the time of the robbery as well, didn't do it. "]; Dillon at 41 ["Moreover, the alleged disparagement of plaintiffs' characters in this case simply does not rise to that standard."]). She was charged with possession of marijuana and remained in custody until February 18th. Generally, whether the cause of action is one for intentional or negligent infliction of emotional distress, courts look at whether the conduct alleged is outrageous enough to warrant a finding that plaintiff has an actionable [*14]claim as a matter of law (id. Therefore, she fails to plead a cause of action thereunder (Romer at 363). What is False Imprisonment in Florida? False imprisonment includes both a behavior and a mental element. The first is for false arrest and false imprisonment, wherein plaintiff asserts that while within 2603, her place of business, she was falsely arrested and imprisoned by police officers employed by the City without any justification. The City further agues that (1) plaintiff's cause of action for the negligent hiring, training and retention of police officers fails to state a cause of action because the City admits that the officers involved were acting within the scope of their employment with the City; (2) plaintiff's causes of action for intentional and negligent infliction of emotional distress fail to state cause action because such claims are barred against the City; (3) plaintiff's cause of action pursuant to 42 USC § 1983 fails to state a cause of action in that no specific municipal custom and practice is pleaded; (4) because plaintiff's cause of action pursuant to 42 USC § 1981 requires a viable 42 USC § 1983 claim, the complaint fails to state a cause of action pursuant to 42 USC § 1981;[FN2] Brown v City of New York However, false imprisonment is often tacked onto kidnapping charges depending on the specifics of the case which can effectively lengthen a sentence. Reconsidering Restorative Justice: The Corruption of Benevolence Revisited? On February 16, 2012, at approximately 3PM, plaintiff was at work within 2603 - a salon which she owned. More succinctly. The City's motion seeking summary judgment with respect to plaintiff's claim of malicious prosecution is hereby granted insofar as defendants establish the existence of probable cause for the arrest and, therefore, the subsequent prosecution, thereby barring any claim for malicious prosecution. A TORT (a civil wrong) that consists of an unlawful restraint of an individual's personal liberty or freedom of movement by another purporting to act according to the law.. In opposition to such a motion a plaintiff may submit affidavits to remedy defects in the complaint (id.). • African-American sexual assault exonerees received much longer prison sentences than white sexual assault exonerees, and they spent on average almost four-and-a-half years longer in prison before exoneration. The police searched the upstairs area of the premises and then searched Alexander and the locker at Thomas' station. In Carlton, for example, the court held that the issue of probable cause could not be decided as a matter of law insofar as the allegations made against the plaintiff - that he left a restaurant without paying his bill - were disputed by the plaintiff such that further inquiry was required before his arrest (id. The tenth cause of action alleges that plaintiff's arrest was solely precipitated by race and that as such, the City violated 42 USC § 1981. at 366). Man jailed for two years before inconsistencies were found in a search warrant. What City / County Are Charges in? Workshop, 187 AD2d 292, 294 [1st Dept 1992]). Roberts testified that upon entering the premises and searching the same, he found large quantities of marijuana within unlocked drawers in several of the styling stations therein. A police officer only needs to prove reasonable suspicion to detain someone for a short amount of time and determine probable cause to arrest someone. All reasonable inferences which can be drawn from the complaint and the allegations therein stated shall be resolved in favor of the plaintiff (Cron at 366. v Tierney, 25 AD3d 319, 320 [1st Dept 2006] ["Petitioner's conspiracy and 42 USC § 1983 claims lack allegations sufficient to show a scheme to undermine its First Amendment right to petition the Commission. The City's motion seeking to dismiss plaintiff's cause of action pursuant to 42 USC § 1983 is granted insofar as the complaint fails to state a cause of action. Email * Phone * How Did You Find Us? Since plaintiff failed to substantiate his fourth and fifth causes of action with detailed factual information concerning the alleged conspiracy, these claims were properly dismissed" (internal citations and quotation marks omitted)]; Romer at 363 ["To withstand a motion to dismiss, the conspiracy claim must contain more than conclusory, vague or general allegations of conspiracy to deprive a person of constitutional rights. The City submits several documents. When the facts regarding the existence of probable cause and the inferences to be drawn therefrom are undisputed, the existence of probable cause can be decided as a matter of law (Parkin v Cornell University, Inc., 78 NY2d 523, 528-529 [1991]; Lundgren v Margini, 30 AD3d 476, 477 [2d Dept 2006]). "]; Scarfone v Village of Ossining, 23 AD3d 540, 541 [2d Dept 2005] ["The plaintiff's speculative and conclusory allegations that Civil Service Employees Association (hereinafter CSEA) and Michael J. Duffy acted in concert with the Village and its agents to deprive the plaintiff of her constitutional rights, and that they conspired with the Village to deprive her of her constitutional rights, without factual allegations or other support, were insufficient to state causes of action pursuant to 42 USC § 1983. The city settled the claim for $100,000, with Detective Bruce Turnbull agreeing to personally pay $100 per month for twelve months. See: Sakharoff v. City of Boca Raton, et al., Palm Beach County Circuit Court, 15th Circuit, Case No. Similarly, a cause of action for negligent infliction of emotional distress, which no longer requires physical injury as a necessary element, "generally must be premised upon the breach of a duty owed to plaintiff which either unreasonably endangers the plaintiff's physical safety, or causes the plaintiff to fear for his or her own safety" (Sheila C. v Povich, 11 AD3d 120, 130 [1st Dept 2004]; E.B. Probable cause for the prosecution can be presumed if a criminal defendant is indicted by the grand jury, such presumption can be overcome, however, if "the conduct of the police deviated so egregiously from acceptable police activity as to demonstrate an intentional or reckless disregard for proper procedures" (Haynes v City of New York, 29 AD3d 521, 523 [2d Dept 2006]). As there was the issue of a warrant of arrest at the instance of a justice of the peace (in that capacity exercising the powers of a magistrate), no claim for false imprisonment could be sustained. medical false imprisonment court cases In this case, our client, a 12-year-old girl, presented to a hospital Emergency Room on a Sunday afternoon exhibiting bizarre and highly unusual behavior. at 510 ["The lower court properly determined that only those police officers or other government agents who executed the no-knock warrant are entitled to qualified immunity. Actual physical restraint is not necessary for false imprisonment to occur. medical false imprisonment court cases In this case, our client, a 12-year-old girl, presented to a hospital Emergency Room on a Sunday afternoon exhibiting bizarre and highly unusual behavior. Thus, dismissal is warranted for this additional reason. However, when it comes to potential shoplifters and a shopkeeper’s right to detain someone suspected of stealing from a store, … Here, as discussed above, the City establishes that there was ample probable cause to arrest plaintiff for the marijuana found within 2603. As there was the issue of a warrant of arrest at the instance of a justice of the peace (in that capacity exercising the powers of a magistrate), no claim for false imprisonment could be sustained. Definition In the last fifteen years, two separate cases involving false imprisonment captivated the nation. Here, having failed to plead a viable 42 USC § 1983 claim against the City also fails to state a cause of action pursuant to 42 USC § 1983 against the [*13]individual officers (Vargas at 837). The second cause of action alleges that the foregoing tortious acts were the result of the City's negligence in failing to properly train and supervise its police officers and in negligently hiring and retaining them despite knowledge that they had committed similar acts. One customer was searched and both were let go. Conduct is extreme and outrageous when it is "outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community" (Howell at 122; Sheila C. at 130-131). Roberts then asked Brown, Alexander and Henry whether they worked therein and whether the marijuana belonged to then. For purposes of malicious prosecution, probable cause means facts and circumstances which would lead a reasonably prudent person, in similar circumstances, to conclude that plaintiff was guilty of the acts alleged (Colon v. City of New York, 60 NY2d 78, 82 [1983]; Munoz v City of New York, 18 NY2d 6, 10 [1966]; Fink v Shawangunk Conservatory, Inc., 15 AD3d 754, 755 [3d Dept 2005]; Boose at 67). in false imprisonment cannot lie where there is an intervening judicial act which sets the arrest and charge in motion. The mental element is the equivalent as that for battery, so that false imprisonment can be committed recklessly. False imprisonment is the act of restraining a person against his/her will in a bounded area without any justification. The elements of the cause of action for malicious prosecution stemming from a prior criminal proceeding, all of which are required for recovery, are (1) the commencement or continuation of a prior criminal proceeding by the defendant; (2) the termination of the prior proceeding in favor of the plaintiff; (3) the absence of probable cause for the initiation of the prior criminal proceeding; and (4) actual malice (Cantalino v Danner, 96 NY2d 391, 394 [2001]; Smith-Hunter at 195; Colon v City of New York, 60 NY2d 78, 82 [1983]; Martin v City of Albany, 42 NY2d 13, 16 [1977]; Broughton at 457; Heany v Purdy, 29 NY2d 157, 159-160 [1971]). While plaintiff did not employ the occupants of the stations, she did rent the space to them and did provide them with all the furniture thereat. As noted above, where a search warrant has been issued after a court has had the opportunity to review the basis for its issuance, such as a personal examination of the informant providing the information, such warrant is presumed valid (Castillo at 585; Allen at 425). Similarly, it is well settled that "an otherwise unlawful detention is privileged where the confinement was by arrest under a valid process warrant issued by a court having jurisdiction" (Moulton v State, 114 AD3d 115, [3d Dept 2013] [internal quotation marks omitted)]; Nadal v City of New York, 105 AD3d 598, 598 [1st Dept 2013] ["Dismissal of the false arrest/imprisonment claim was proper where plaintiff was arrested for the shooting death of another pursuant to a facially valid arrest warrant, which is a complete defense to the cause of action. (internal quotation marks omitted); Afifi v City of New York, 104 AD3d 712, 713 [2d Dept 2013]; Wolkstein v Morgenstern, 275 AD2d 635, 637 [1st Dept 2000]). On appeal, the appellate court disagreed with the lower court and reversed the ruling. However. He also sued Lynn for malicious prosecution. This can involve the use of force, unlawful restraint, bodily injury, traveling a substantial distance, and crossing state borders. In fact, in her affidavit, submitted in opposition to the instant motion, plaintiff confirms that marijuana was recovered from Alexanders station, which was immediately next to hers, thereby bolstering this Court's and Roberts' conclusion that she constructively possessed the same. Thus, a plaintiff asserting a cause of action for malicious prosecution must satisfy a heavy burden (Smith-Hunter at 195). The analysis relative to constructive possession is no different with respect to a location deemed a public space, where the relevant inquiry is dominion and control over the location where contraband is found (People v Perez, 125 AD2d 236, 237—38 [1st Dept 1986] ["Where a gun is found in an area occupied by several people and where no one individual could be said to have dominion and control of the weapon, the People have a heavy burden in establishing constructive possession. A search of the locker at plaintiff's station yielded no drugs, but plaintiff was handcuffed arrested nonetheless. A Marabella man, who was arrested at his home and kept in police custody for six days, has won his lawsuit against the state. The City's motion seeking dismissal of plaintiff's claim for negligence is granted insofar as no such cause of action lies, where as here, the claims fall within the ambit of a false arrest claim. When the allegations comprising the claim for intentional infliction of emotional distress fall within the ambit of another cognizable cause of action, a cause of action for intentional infliction of emotional distress will not lie (Fischer v Maloney, 43 NY2d 553, 558 [1978] ["Indeed, it may be questioned whether the doctrine of liability for intentional infliction of extreme emotional distress should be applicable where the conduct complained of falls well within the ambit of other traditional tort liability, here malicious prosecution and abuse of process. Evidence that defendant used the apartment to meet with Wilson, accompanied Wilson into every room in the apartment, and transacted an exchange of cocaine for stolen goods with Wilson at the apartment demonstrates the level of defendant's control over the apartment. He was informed that all three worked therein but no one took ownership of the marijuana. Significantly, plaintiff fails to sufficiently cite to specific instances of the alleged municipal custom and practice alleged and on which this cause of action is premised. "]; cf People v Headley, 143 AD2d 937, 938 [2d Dept 1988], affd 74 NY2d 858 [1989] [Court held that room presumption under PL § 220.25(2) did not apply to narcotics found in the kitchen of an apartment in which defendant was present, but in which he did not reside because "the People offered no proof that the respondents had any connection with the apartment, except their presence in the living room on the day in question, or as to how long the respondents had been in the apartment before the arrival of the police."]). The proponent of a motion for summary judgment carries the initial burden of tendering sufficient admissible evidence to demonstrate the absence of a material issue of fact as a matter of law (Alvarez v Prospect Hospital, 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The elements for a malicious prosecution cause of action based upon a prior civil action are identical except, that in addition to the foregoing, it must be proven that plaintiff sustained special damage or injury (The Purdue Frederick Company v Steadfast Insurance Company, 40 AD3d 285, 286 [1st Dept 2007]; Wilhelmina Models, Inc. v Fleischer, 19 AD3d 267, 269 [1st Dept 2005]; Honzawa v Honzawa, 268 AD2d 327, 329 [1st Dept 2000]. He thereafter searched other stations therein, finding more marijuana within unlocked drawers. False imprisonment is an act punishable under criminal law as well as under tort law. The Convicted Murderer With An Airtight Alibi. Whether there is probable cause to initiate a prosecution hinges on whether defendant's conduct at the time he/she commenced the prior proceeding would have led a reasonably prudent person to initiate the prior proceeding (Levy's Store, Inc. at 161; Loeb at 102; Kezer v Dwelle-Kaiser Company, 222 AD 350, 354 [4th Dept 1927]). Officers were led to Sakharoff's home by a police dog, and when local waitress Stephanie Lynn identified him as the man who had just robbed her at gunpoint, Sakharoff was arrested. Thereafter, plaintiff was transported to the 52nd precinct, processed and then transported to Central Booking. It is well settled that a claim for negligent hiring, retention, and training will be dismissed when an employer concedes that the acts alleged to have been perpetrated by the employee were within the scope of that employee's employment (Karoon v New York City Tr. of County of Kings, 2 AD3d 714, 718 [2d Dept 2003]; Brown v City of New York, 92 AD2d 15, 17 [1st Dept 1983]; Veras v Truth Verification, 83 AD2d 381, 384 [1st Dept 1982], affd 57 NY2d 947 [1982]). Los Angeles will pay $5.2 million to end a legal battle with a man whose murder conviction was tossed out.. in false imprisonment cannot lie where there is an intervening judicial act which sets the arrest and charge in motion. Significantly, beyond asserting that the acts that befell her were the result of a municipal custom and practice, plaintiff never once pleads a specific and prior example of the same. The relevant facts of Pegg, taken directly from the case, are as follows: An officer retrieved a bag from the locker, which plaintiff later learned contained marijuana. Here, while the complaint pleads all the requisite elements of a negligent training and supervision claim, the City, by counsel, concedes "that the involved police officers were acting within the scope their employment when they arrested plaintiff." With respect to 2603, the same contained six stations, only four of which were in use in February. The officers then searched the locker at Alexander's station recovering a similar bag, which plaintiff subsequently learned also contained marijuana. The City's motion seeking to dismiss plaintiff's cause of action premised on a violation of 42 USC § 1985(3) is granted insofar as the vague and conclusory assertions in her complaint are legally insufficient. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. This illegal confinement violates an individual’s right to be free from restraint, and may give the victim a claim in civil court, in addition to any criminal charges which may apply. "]; Mendoza v City of New York, 90 AD3d 453, 454 [1st Dept 2011]["No triable issue of fact exists as to whether the detention, arrest, or prosecution was supported by probable cause, given that the police found plaintiff in a state of undress on premises identified in a valid search warrant as a drug distribution point, and a controlled substance was recovered from those premises. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. 6. The officers who executed the warrant did so with the understanding that a valid search warrant had been issued. In this action for, inter a [FN1] Accordingly, the cause of action for negligent hiring, training, and retention must be dismissed (Karoon at 324; Medina at 108; Ashley at 743). A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. Thus, a person is charged with constructive possession of drugs or contraband when it is shown that such person "exercised dominion or control over the property by a sufficient level of control over the area in which the contraband is found or over the person from whom the contraband is seized" (id. It is well settled that in this State, in cases alleging police misconduct, the law does not recognize a cause of action for general negligence or negligent investigation (Medina v City of New York, 102 AD3d 101, 108 [1st Dept 2012]; Johnson v Kings County Dist. Man jailed for two years before inconsistencies were found in a search warrant. Such detentions are appropriate, the court held, Thus, with respect to search warrants, it is well settled that. ... will be awarded $57,500 to settle his false arrest and imprisonment lawsuit against the city. As noted by the Court of Appeals. at 130-131 ["Moreover, a cause of action for either intentional or negligent infliction of emotional distress must be supported by allegations of conduct by the defendants so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community" (internal quotation marks omitted)]; Howell at 121 ["The first element—outrageous conduct—serves the dual function of filtering out petty and trivial complaints that do not belong in court, and assuring that Tomlinson's claim of severe emotional distress is genuine. ]; Nasca v Sgro, 101 AD3d 963, 963-965 [2d Dept 2012] [same]). v Liberation Publications, Inc., 7 AD3d 566, 567 [2d Dept 2004]). 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