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DE LOURDES TORRES v. JONES

No. 21.

26 N.Y.3d 742 (2016)

47 N.E.3d 747

27 N.Y.S.3d 468

2016 NY Slip Op 01254

MARIA DE LOURDES TORRES, Appellant, v. POLICE OFFICER JONES et al., Defendants, and CITY OF NEW YORK, Respondent. (Action No. 1.) MARIA DE LOURDES TORRES, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents, et al., Defendants. (Action No. 2.)

Court of Appeals of New York.

Decided February 23, 2016.

Attorney(s) appearing for the Case

The Perecman Firm, PLLC, New York City ( David H. Perecman , Zachary S. Perecman and Peter D. Rigelhaupt of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Devin Slack , Richard Dearing and Cecelia Chang of counsel), for respondents.

Evan Goldberg , New York State Trial Lawyers Association, New York City, for New York State Trial Lawyers Association, amicus curiae.

Judges PIGOTT, RIVERA, STEIN and FAHEY concur; Chief Judge DIFIORE and Judge GARCIA taking no part.

OPINION OF THE COURT

In a false arrest action under federal and state law, evidence that the defendant police officers arrested the plaintiff without probable cause, after inventing a patently false confession, may establish the officers' liability for detaining the plaintiff without any lawful privilege. Evidence that...

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