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!

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