Practice point: A plaintiff must prove that: (1) the
defendant intended to confine the plaintiff; (2) the plaintiff was aware
of the resulting confinement; (3) the plaintiff did not consent to the
confinement; and (4) the confinement was not otherwise privileged".
Student note: Probable cause serves as a legal justification for the arrest, and is an affirmative defense to the claim.
Case: Fakoya v. City of New York, NY Slip Op01709 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Vacating a default.
