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CERRONE v. BROWN

Docket No. 00-7177.

246 F.3d 194 (2001)

Thomas C. Cerrone, Plaintiff-Appellee, v. Scott L. Brown and Thomas M. Fresenius, individually and in their official capacity as members of the New York State Police, Defendants-Appellants, Michael F. Cahill, Francis A. Defrancesco, Salvatore S. Valvo, Richard G. Morse, Deborah L. Komar, individually and in their official capacity as members of the New York State Police, Jonathan Z. Friedman and Gerald W. at Connolly, Defendants.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 10, 2001.

Attorney(s) appearing for the Case

PAUL M. COLLINS, Hinman, Straub, Pigors & Manning, P.C., Albany, NY, (Deirdre Roney, Lawrence H. Schaefer, of counsel, on the brief), for Plaintiff-Appellee.

ALAN S. KAUFMAN, Chamberlain & Kaufman, Albany, N.Y. (Jeffrey Chamberlain, on the brief), for Defendants-Appellants.

Before: WALKER, Chief Judge, MINER and POOLER, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge:

This appeal requires us to determine whether in 1995 the law was clearly established that a police officer must have probable cause to seize another police officer in the course of a criminal investigation. Plaintiff-appellee Thomas C. Cerrone, a New York State Police Trooper, was detained and questioned by fellow officers during a criminal investigation of a suspected cover-up of a hit-and-run accident. Cerrone sued the investigating...

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