District court judgment denying qualified immunity in a 42 U.S.C. sec. 1983 false arrest action is vacated and remanded where defendant had probable cause to arrest plaintiff as it was reasonable for him to believe that a crime had been or was about to be committed.
Appeal from the United States District Court for the Northern District of New York.
Argued: January 6, 2009
Decided: July 28, 2009
Before: WINTER, KATZMANN, and RAGGI, Circuit Judges.
Opinion by WINTER, Circuit Judge.
For Appellant: JOHN D. ASPLAND, JR., FitzGerald Morris Baker Firth P.C., Glens Falls, New York