Can a plaintiff bring a malicious prosecution claim against the police?
"New York", United States of America
The following excerpt is from Debrecourt v. City of N.Y., 2016 NY Slip Op 31019 (U) (N.Y. Sup. Ct. 2016):
Although plaintiff may satisfy the first two elements of a malicious prosecution claim, here, the police had probable cause to arrest plaintiff for obstructing governmental administration in the second degree, which defeats his claim for malicious prosecution. In Linehan v. State, 201 A.D.2d 706 (2d Dep't 1994), based upon similar facts, the plaintiff resisted efforts of a court
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