Vializ v. Crespo
A plaintiff who pleads guilty to underlying criminal charges of unlawful possession and discharge of a handgun may not prevail on a complaint alleging false arrest. The plaintiff's complaint alleged the following facts, which have not been proven. In November 2009, a dispatcher sent the defendant police officers to an apartment, where the officers talked to the plaintiff at the front door. The officers allegedly forced their way inside and searched the residence without a warrant, after they observed a "BB" gun. During the search, the police officers allegedly smacked the plaintiff's head and threatened to drown him. The police arrested the plaintiff, who pled guilty to unlawful possession of and discharge of a handgun. To prevail on false arrest, a plaintiff must prove that underlying criminal charges were resolved in his favor. Allegedly, the plaintiff pled guilty to unlawful possession and was convicted, which did not qualify as a favorable resolution. The District Court dismissed the plaintiff's allegation of false arrest, for failure to state a claim. The plaintiff's allegations of unreasonable search and excessive use of force against the defendants in their individual capacities survived.