Gonzalez v. City of Schenectady, No. 11-5403 (2d Cir. 2013)
Annotate this CasePlaintiff filed suit against the City and its officers under 42 U.S.C. 1983, alleging arrest without probable cause and conduct of a visual body cavity search in violation of the Fourth Amendment. The court concluded that there was "arguable" probable cause and that the officers were entitled to qualified immunity for plaintiff's false arrest claim under section 1983; defendants were entitled to qualified immunity where a reasonable officer would not have understood that conducting an otherwise suspicionless visual body cavity search of a person arrested for a felony drug offense was unlawful; and plaintiff's malicious prosecution claim failed where plaintiff was in fact guilty of at least criminal possession of a controlled substance.
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