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In an action to recover damages for false arrest and malicious prosecution, the plaintiff in Masciello v. Inc. Vill. of Lloyd Harbor, 140 A.D.3d 834 (N.Y. App. Div. 2016) challenged an order from the New York Supreme Court that granted summary judgment to the defendants—the Incorporated Village of Lloyd Harbor, its police department, and two officers—dismissing the plaintiff’s complaint.

In New York, false arrest and malicious prosecution are legal claims that individuals can bring against law enforcement or other parties. False arrest occurs when someone is detained without legal justification. To prove false arrest, the plaintiff must show that they were intentionally confined without consent and that the confinement was not otherwise privileged. The key defense against a false arrest claim is the existence of probable cause, which justifies the arrest.

Malicious prosecution involves pursuing a legal action against someone without probable cause and with malice. For a malicious prosecution claim, the plaintiff must establish four elements: the initiation of a criminal proceeding by the defendant, the proceeding terminated in favor of the plaintiff, the absence of probable cause for the proceeding, and actual malice. Probable cause serves as a complete defense to both false arrest and malicious prosecution claims.