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DROZ v. McCADDEN

Docket No. 08-0241-cv.

580 F.3d 106 (2009)

Martin DROZ, Plaintiff-Appellee, v. P.J. McCADDEN, State Trooper, Defendant-Appellant, Shirley B. Herder, Mark Murray, Estate of John C. Anderson, Town of Vienna, New York, Daniel G. Middaugh, Scott Burnop, Michael Durant, Shawn Malone, Michael Mulky, Mark Slawson, and Unknown Sowitch, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 14, 2009.

As Amended October 7, 2009.

Attorney(s) appearing for the Case

Denise A. Hartman, Assistant Solicitor General, for Andrew Cuomo, Attorney General of the State of New York, (Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, of counsel), Albany, NY, for Defendant-Appellant.

Edward Kopko, Wiggins & Kopko, LLP, Ithaca, NY, for Plaintiff-Appellee.

Before WINTER and SACK, Circuit Judges, and COGAN, District Judge.

PER CURIAM:

Defendant-Appellant State Trooper P.J. McCadden appeals from an order of the district court (David N. Hurd, Judge) denying his motion for summary judgment in this action against him under 42 U.S.C. § 1983 based on allegations of false arrest and malicious prosecution. The grounds for the motion are that McCadden was entitled to qualified immunity. We conclude that the stipulated facts establish that McCadden reasonably believed he was acting...

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