Important Distinction in Civil Rights Cases

On October 23, 2014, in Criminal, Litigation, by John A. Weber IV, ESQ.

Civil Rights Question

The Court in Burbar v. Inc. Vill. of Garden City,961 F. Supp. 2d 462,2013 U.S. Dist. LEXIS 117029,2013 WL 4427810(E.D.N.Y.2013) made a very important distinction when deciding the Defendant’s motion to dismiss.  After analyzing the facts of the case, the Court decided that probable cause to make an arrest does not automatically extend to support commencement of criminal proceedings.  The key facts giving rise to this opinion was that the possession of firearms along with witness complaints may give police probable cause for an arrest.  After it is discovered that the firearms are licensed, the criminal charges were not warranted.

An important note to make here is that abuse of process claims do not always coincide with malicious prosecution claims.  It is true that these claims are very often plead together in Civil Rights Actions.  This case however is an example where an abuse of process claim will not be successful although a malicious prosecution claim may be.  Intricacies in the law like these make it important for those people who feel their civil rights have been violated to consult an attorney.  Don’t be deterred by the possible presence of probable cause for the arrest.  The underlying facts could give rise to a host of issues with the actions of the police.

Long Island Civil Rights Attorney

If you have questions about possible Civil Rights Violations, call The Law Firm of Vaughn, Weber & Prakope, PLLC  at (516) 858-2620 to speak with an attorney today!

    Comments are closed.



    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan



    Copyright © 2019 Law Firm of Vaughn, Weber and Prakope, PLLC
    All Rights Reserved