A civilian complainant's liability for false arrest.

Practice point: A civilian complainant, by merely seeking police assistance or furnishing information to law enforcement authorities who are then free to exercise their own judgment as to whether an arrest should be made and criminal charges filed, will not be held liable for false arrest or malicious prosecution.

Student note: However, there may be liability if the civilian affirmatively induced the officer to act, such as taking an active part in the arrest and procuring it to be made or showing active, officious and undue zeal, to the point where the officer is not acting of his own volition.

Case: Boadu v. City of New York, NY Slip Op 03581 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Liability for an independent contractor’s negligence.