Reginald Harris v. People of The State of New York and The New York City Police Department, 99 F.3d 400, 2d Cir. (1995)
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Scribd Government DocsReginald Harris v. People of The State of New York and The New York City Police Department, 99 F.3d 400, 2d Cir. (1995)
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Scribd Government Docs99 F.
3d 400
NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED
AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED
TO THE ATTENTION OF THE COURT IN A SUBSEQUENT
STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY
CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR
RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.
Reginald HARRIS, Plaintiff-Appellant,
v.
PEOPLE of the State of New York and the New York City
Police
Department, Defendants-Appellees.
No. 95-2309.
United States Court of Appeals, Second Circuit.
Dec. 7, 1995.
APPEARING FOR APPELLANT: Reginald Harris, pro se, Stormville,
N.Y.
APPEARING FOR APPELLEES: Ellen Ravitch, Assistant Corporation
Counsel, The City of New York Law Department, New York, N.Y.
S.D.N.Y.
AFFIRMED.
Present NEWMAN, Chief Judge, and FEINBERG and CARDAMONE,
Circuit Judges.
Appeal from the United States District Court for the Southern District of New
York (Louis L. Stanton, Judge).
This cause came on to be heard on the transcript of record from the United
States District Court for the Southern District of New York and was taken on
submission.
3
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED that the judgment of the District Court is
hereby AFFIRMED.
Reginald Harris appeals pro se from the April 24, 1995, judgment dismissing,
on motion for summary judgment, his suit under 42 U.S.C. 1983 against two
police officers for false arrest. The undisputed evidence established that the
officers responded to a citizen's complaint of a burglary, observed Harris
running from the building where the offense was reported, caught him and
brought him back to the building where the building superintendent and a
building resident identified Harris as the burglar, and found in Harris's
possession items identified by the superintendent as missing property. These
circumstances established probable cause for the arrest, which is a complete
defense to the claim of false arrest. See Singer v. Fulton County Sheriff, 63
F.3d 110, 118-19 (2d Cir.1995).
The complaint was properly dismissed.
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