False Arrest / Imprisonment Archives

March 9, 2025 by mjpospis

Tenant Sufficiently Alleges False Imprisonment Claim

In Zadok v. Lomner, No. 151526/2024, 2025 WL 675168 (N.Y. Sup Ct, New York County Mar. 03, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s false imprisonment claim. The court summarized, and applied, the law as follows: In an action for false imprisonment, four elements must be established: (1) the defendant intended…

Judge Santa Claus

In Nieves v. City of New York, 2024 WL 1363570 (S.D.N.Y., 2024), the court gave a very holiday-centric explanation of what would constitute a facially-invalid arrest warrant: In any event, Plaintiff asserts a Section 1983 claim for violation of a federal constitutional right. As the Supreme Court has explained, the question here is whether the…

[Un]Happy Result: Elephants, as Nonhuman Beings, May Not Invoke Habeas Corpus

In Matter of Nonhuman Rights Project, Inc. v. Breheny, 2022 NY Slip Op 03859 (N.Y. Ct. App. June 14, 2022), the New York Court of Appeals affirmed a lower court’s determination that the writ of habeas corpus is unavailable where the liberty interest at issue is not that of a “human being,” but rather of an…