Is a police officer entitled to good faith immunity from liability for false arrest?

MultiRegion, United States of America

The following excerpt is from Ricciuti v. N.Y.C. Transit Authority, 124 F.3d 123 (2nd Cir. 1997):

The doctrine of qualified or good faith immunity shields police officers from being subject to personal liability for damages. The doctrine extends to official conduct that "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known," Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), insofar as it was objectively reasonable for such officials to believe, even if mistakenly, that their conduct did not violate such rights. Anderson v.

Page 128

The right to be free from arrest or prosecution in the absence of probable cause is a long established constitutional right. A police officer is entitled to qualified immunity shielding him or her from a claim for damages for false arrest where (1) it was objectively reasonable for the officer to believe there was probable cause to make the arrest, or (2) reasonably competent police officers could disagree as to whether there was probable cause to arrest. See Golino v. City of New Haven, 950 F.2d 864, 870 (2d Cir.1991).

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