Police Officer Wins False Arrest, Malicious Prosecution Case by Summary Judgment

860-249-1361 Ext. 148

Fernandez-Bravo v. Manchester (USDC – 2016): Plaintiff claimed that Manchester Police Officer Maria Garay subjected him to false arrest and malicious prosecution. As a result of a messy divorce with his ex-wife, Plaintiff’s ex-wife had a protective order against him. Subsequently, Plaintiff began sending her harassing and threatening e-mails. Officer Garay investigated the incident, and eventually prepared a warrant for his arrest. Plaintiff claimed that the arrest warrant included false information, and omitted relevant information, which would have negated probable cause. Plaintiff filed suit in Connecticut District Court pleading claims of substantive due process, First Amendment violation, Fourth Amendment violation, as well as a host of state law claims. Defendant moved for summary judgment as to all claims in the complaint. After performing the “corrected affidavit test”, whereby the Court removed alleged “false“ information, and added the alleged “omitted“ information, it found that the corrected affidavit was still supported by probable cause, and therefore, granted summary judgment as to all claims in the complaint.