Summary
In Linehan v. State, 201 A.D.2d 706, 706, 608 N.Y.S.2d 294, 294 (2d Dep't 1994), the appellate division affirmed the dismissal of a claim for false arrest and malicious prosecution where plaintiffs had "resisted the efforts of a court officer to keep [them] away from the area where a disturbance was taking place."
Summary of this case from Decker v. CampusOpinion
February 28, 1994
Appeal from the Court of Claims (Silverman, J.).
Ordered that the judgment is affirmed, with costs.
The court's finding that there was probable cause for the warrantless arrest of the claimants was not against the weight of the credible evidence (see, La Voie v. State of New York, 91 A.D.2d 749). The claimant Teresa Linehan resisted the efforts of a court officer to keep her away from the area where a disturbance was taking place. There was also evidence that the claimant Daniel Linehan resisted another court officer's efforts to restrain him in the aforementioned area. Thus, the court did not err in finding that there was probable cause to arrest the claimants for obstructing governmental administration in the second degree, and dismissing the claimants' claims. Bracken, J.P., O'Brien, Copertino and Hart, JJ., concur.