Can a minor who has pleaded guilty to a minor charge of assault be liable for damages from the arresting police officer?

MultiRegion, United States of America

The following excerpt is from Kent v. Katz, 312 F.3d 568 (2nd Cir. 2002):

one hand, it seems somewhat anomalous for the person whose conviction (whether by plea or trial) lawfully subjects him to loss of liberty by imprisonment to obtain damages from an arresting police officer for the usually brief deprivation of liberty caused by an arrest alleged to lack probable cause. On the other hand, if the defense of conviction were not limited to conviction of the crime for which the arrest was made, an arresting officer, anticipating ultimate conviction for a minor offense, could with impunity arrest for major charges that might sometimes subject the person arrested to prolonged pretrial detention. This latter consideration prompted us to rule, in a somewhat analogous context, that a finding of probable cause to arrest on a minor charge does not preclude a section 1983 claim for malicious prosecution on a more serious charge. See Posr v. Doherty, 944 F.2d 91, 100-01 (2d Cir.1991).

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